Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1905-05-10
JURY DISCHARGED.

the matter"
JURY DISCHARGED.
The jury filed out and the court
room was cleared. Recorder Golf re-
NAMED in his chamber ready to re-
sceive verdict if 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 of their delibera-
ton the twelve men would agree to
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 it's endeavor to
show that The victim OF the tragedy
could not have inflicted the wound him
self.
At 1875 The jury, recorder and other
court officials had assembled In the
court room. Recorder Golf demanded
TO know why Nan Patterson was not
present, when he was informed that
she was ill. He gave orders directing
that she he produced Immediately.
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 woman,
you should not give her the same con.
sideration as if she occupied a 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:
II understand that there is no claim
on the part of the defense that If the
defendant committed this homicide it
was either justifable or excusablc. !
also understand that the 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 N what de
gree. The crucial question is, Did the
man kill himself or did this defendant
fire the fatal shot?'
IF the accused fails to take advan.
tage of her privilege to make de-.
fense, 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 thil defendant" ;"
he continued. "The prosecution claims
that she shot the man because he had
cast her off as his mistress. But it is
not necessary to prove motive to CON
vict of murder. If it is shown that a
motive existed, then it tends to sup,
fpoft the circumstances. But to do t1fiif tfiifs
motive must be proved, not imagined.
Before giving the case to the jury
Recorder Golf ruled on the requests te
charge interposed in Miss Patterson's
behalf. He refused to submit cne oil
the requests, saying that it would b:
direction to the jury to acquit the
defendant. He told the jury, however
that they might disregard the testi
mony of Julia Smith if-they thought II
right to do so. He also refused tt
charge requests concerning Pawnbrok
er Stern and the failure OF the defense
to call J. Morgan Smith. He said thai
claims on either side were not to be
considered.