Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1905-05-10

new 1Ork, Special.-At 80 o'clock
thursday morning the jury in the case
Nan Patterson, tried for the third
me on the charge of numbering Caesar
oung. was called into the court room
- Recorder Goff. When the ~ men
were in their places and the court Off
Gals had all arrivel. the recorder asked
why the defendant had not been
brought into court. A deputy sheriff
replied that she had been feeling Ill
and had retired, but was then being
dressed. After wait of - minutes.
Miss Patterson appeared looking pale
and in highly nervous state.
Gentlemen. have you been able to
reach an agreement" asked the re-
corder of the jury.
NO. sir" replied the foreman.
rs there any question of law or
evidence in which | can instruct you?
Is there any way in which the court
can help you?"
The foreman looked for an instant
at his fellowmen. then turning to the
recorder. said: No. sir, don't be-
lleVe you can help u.s.
Then you will retire to reconsider
the matter"
JURY DISCHARGED.
The jury filed out and the court
room was cleared. Recorder Goff re-
mained in his chamber ready to re-
ceive a verdict il rendered or to fur
ther instruct the jury. Upon being as
sured that there was no chance of an
agreement. he discharged the jury.
While the jury considering her case
was still out. Nan Patterson sat in her
cell in the Tombs. buoyed up by the
hope that at the end or their delibera-
ton the twelve men would agree to a
verdict OF not guilty. Miss Patterson's
hope were based partly on rumors
which were current about the Criminal
Court building. that the first ballot
taken in the jury room were decidedly
In her favor. The jury had had the case
since shortly after ! O'Clock Wednesday
afternoon.
During the afternoon the jury sent to
the court rooms for articles of cloth
ing worn by Caesar Young at the time
he met his death. and the skeleton
which was exhibited during the trial
by the prosecution in its endeavor to
show that the victim OF the tragedy
could not have inflicted the wound him
self
At 1.35 the jury, recorder and other
court officials had assembled in the
court room. Recorder Con demanded
to know why Nan Patterson was not
present. when he was informed that
she was i'll. He gave orders directing
tEat she be produced Immediately.
CHARGE TO THE JURY.
Recorder Goff in his charge to the
jury said:
You must not think that. because
OF the humble position OF this woman,
you should not give her the same con
sideration as IL she occupied more
exalted position in society. Whatever
her position. she is entitled to the same
legal rights as the most prominent
and most conspicuous
The recorder described the two de-
grees OF murder and manslaughter in
the first and second degrees, which. he
said. he apprehended by the request to
charge. was thought by counsel to be
applicable in the case. and proceeded:
Il understand that there Is no claim
on the part of the defense that If the
defendant committed this homicide II
was either justihable or excusable. I
also understand that the defense
claims that the crime was murder in
the hrst degree or nothing. But you
are not bound to accept the arguments
or counsel as to the nature OF this
crime. You are the judges OF the facts.
If there was murder, and in what de
gree. The crucial question Is. Did the
man kill himself or did this defendant
fire the fatal shot?'
III the accused fails TO take advan-
tage or her privilege to make a de-
Tense. under advice OF her counsel. her
failure to do so must in no way be
held against her
NEED TO PROVE MOTIVE.
Much has been said relating to the
motive which actuated this defendant"
he continued. The prosecution claims
that she shot the man because he had
cast her off as his mistress. But il IS
not necessary to prove motive to con.
Wet or murder. II ii is shown that a
motive existed. then it tends TO sun.
port the circumstances. But TO do this
motive must be proved not imagined.
Before giving the case to the Jury
Recorder Con ruled on the requests to
charSc lntcrpCScd in Miss Pattcrs0n's
IehaH. lie refused TO submit one of
the requests, saying that it would Ia
direction 10 the jury to acQuit the
defendant. He told the jury, however.
that they might disregard the tcsti.
mony OF Julia Smith if they thought it
fisht TO do 50. He also refused TO
charge requests concerning Pawubrok.
er stern and the failure OF the dofcusa
10 call ). Morgan smith Ho said thar