The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-05-04
WRESTLING WITH
THE FATE Of NAN
The Jury Have Attacked
a Tough Problem.
THEY TALK, EAT, TALK
Call For Caesars Coat and Vest, Re-
voIver With Which He Mas Shot,
Skeleton. Sketch of Cab, Map
of Broadway, Presumably
Study All.
lRv tho Associated Press.D

New York, May 3.-At $50 p. m.
tho jury in the Nan Patterson case
had returned no verdict.
The twelve sent out from the jury
room at $40 p. IN. a request for the
coat and vest worn by Caesar Young
when he was shot and the revolver
with which he was shot. The exhibits
were sent in to them.
The Patterson jury also called for
the dummy skeleton which was used
i'm the case. n sketch of the cab in
which Young was killed and dia-
gram of West Broadway where the
cab was when Young was shot.
At $3.50 the jury went to supper. 1t
is reported that if a verdict is not
reached by 1880 o'clock the court
will instruct that the jury be locked
up over night.
At 10 o'clock the jury finished sup
per and resumed its deliberations.
The Recorders Charge.
Recorder Goff in his charge to the
jury said:
You must not think that because
of the humble position of this wo-
man, you should not give her the
same consideration as if she occu-
pied a more exalted position in So
ciety. Whatever her position she is
entitled TO the same legal rights as
the most prominent and most con-
spicuous. If there be q reasonable
doubt in this case on the evidence
this doubt must be thrown into the
balance for the defendant. A danger
lies in the remarks of counsel which
might take your mind off tho direct
issue. You must avoid this danger"
The recorder described the two de-
grees of murder and manslaughter in
the first and second degrees, which,
he said, he apprehended by the re-
quest to charge, was thought by
counsel to be applicable in the case.
and proceeded:
'T understand that there is no
claim on the part of the defense that
if the defendant committed this homi-
eide it was either justifiable or excus-
able. | also understand that the de-
fense claims that the crime was muir
der i'm the first degree or nothing.
But you are not bound to accept the
arguments of counsel as to the ma
ture of this crime. You are the
judges of the facts, if there was muir
der. and in what degree. The
crucial question is Did the man kill
himself or did this defendant G~c Tie
fatal shot?'
IF the accused sails to take adj
vant&Se OF her privilege to make a
defense. under advice of her coun-
rel. her failure to do so must in no
way be held against her
Much has been said relating to
the motive which actuated this de-
fendanr he continued. THE prose-
cution claims that she shot the man
because he had cast her off as his
mistress. But it is not necessary to
prove motive 10 convict of murder
If it is shown that a motive existed
then it tends to support the circum-
stances. But to do this motive must
be proved. not imagined
The Summing Up.
Before giving the case to the jury
Recorder Goff ruled on the requests
10 charge interposed in Miss Patter-
sons behalf. He refused to submit
one OF the requests, saying ii would
be direction to the jury to acquit
the defendant. He told the jury
however, that they might disregard
the testimony of Julia Smith, if they
thought it right to do So He refused
to charge requests concerning Pawn
broker Stern. and the failure of the
defense to call j. Morgan Smith. He
said that claims on either side were
not TO be considered as evidence.
After going over the requests, one
by one, Recorder Goff told the jury
1t was not necessary that there
should be direct and positive evidence
as TO everything. and it was sufficient
that the facts be proved.
If you believe that it was a ply
sical impossibility so far as the ma
lure of the wound is concerned for
Young to have shot himself then
that is 4 fact said he, "but you must
remember that one inference cannot
Dc proven by another inference.
II You believe the defendant fired
the shot without deliberation or in
tent TO Kill, but i'm moment of pas
SION, then YOU may find her guilty
OF one of the other degrees of man.
slaughter. In reaching your con-
clusion You must not be swayed by
sympathy or other influences"