Daily press. [volume] (Newport News, Va.) 1896-current, 1905-05-04
ognizancc and the indictment cvcnt-
ually will be Qnashcd.
Charge to the Jury.


ualIy will be Qnashcd
Charge to the Jury.
Recorder Golf in his charge to the
jury said:
You must not think that, because
of the humble position of this women,
you should not give her the same con-
sidcration as II 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. III there be reason.
able doubt in this case on the evidence
this Doubt must be thrown into the
balance for the defendant. A danger
lies III the remarks of counsel which
might take your mind off the direct Is
sue. You must avoid this danger"
Explains Degrees Of Murder.
The recorder described the two dc.
grees of murder and mansIaughter in
the first and second degrees. which he
said he unprecedented by the request To
charge, was thought by counsel to he
applicable in the case, and procecdcd:
IL understand that there is no claim
on the part of the defense that If the
defendant committed this homicide 1t
was either justifiablc or oxcusablo.
also understand that tho defense
claims that the crime was murder in
the first degree or nothing. But you
are not bound to accept the arguments
Of 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 defcn-
dant fire the fatal shot:
Not Held Against Her.
IF the accused fails to take advan-
tage of her privilege to make defense,
under advice of her counsel, her failure
DIDO SO must in no Nay be held
against her
Much has been said relating to the
motive which actuatcd this defendant"
he continued "thc prosecution claims
that she shot the man because lie had
cast her off as his mistress. But it is
not necessary to prove motive to con-
vict of murder. If 1t Is shown that a
motive existed then il lends to support
the circumstances. But to do this,
motive must be proved. not imagined"
Before giving the case to the jury
Recorder Golf ruled on the requests TO
charge intcrposed in Miss Patersons
behalf.
AS to Mrs. Smiths Testimony.
He refused to submit one of the re.
quests saying, it would be Il direction
to the jury to acquit tho defendant.
He told the jury. however, that they
might discharge the testimony of Julia
Smith if they thought 1t right to do So.
t1e refused to charge requests concern
ing Pawnbrolicr Stern and the failure
of the defense to call ]. 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 Golf told the jury it was
not necessary that there should be di-
rect and positive evidence as to every
thing and it was sufficient that the
facts be proven.
eff you believe that it was physical
impossibiiity SO far as the nature of
the wound is concerned for Young to
have shot himself, then that is a fact, -
said he, "bnt you must rem cmbcr that
one inference cannot be proven by an
other inference.
Might be MansIaughter.
"If you believe the defendant shot
without deliberation or intent to kill
but In moment of passion. then YOU
may find her guilty of one of the other
degrees of manslaughter. In reaching
your conclusion you must not be sway
ed by sympathy or other Influences"