The San Francisco call., 1905-05-04
Majority of the Jurors
Vote for an Ac-
quittal.
OTHERS HOLD OUT
Foreman Announces
the Deadlock Is
Hopeless.
THEPRISONERFAINTS
Assisted From Court
room by Her
Counsel. ~

NEW YORK May 4-Having failed
20 reach q verdict, and declaring that
they were hopelessly disagreed, the jur-
crs in the Nan" Patterson case were
formally discharged at 2:20 o'clock this
morning
At 1:30 o'clock this morning the jury
was called into the courtroom by Re
<sorder GOff. When the twelve men
were in their places and the court Of
fcials had all arrived. the Recorder
asked why the defendant had not been
brought into court. A deputy sheriff
replied that she had been feeling i'll
and had retired, but was then being
dressed. After a wait of twelve min
Utes, Miss Patterson appeared, looking
pale and in a highly nervous state
Gentlemen, have you been able to
reach an agreement" asked the Re
cor1er Of the jury.
NO, sir" replied the foreman
rs there any question of law or evil
dence in which I can instruct you? Is
there any way in which the court can
help you?"
The foreman looked for an instant at
his fellow members of the jury, then
turned TO the Recorder and said:
mo. sir; don't believe you can help
MS
Then you Will retire to reconsider
the matter"
MISS PATTERSON FAINTS.
The jury filed out and the courtroom
was cleared. Recorder Goff remained
in his chamber, ready TO receive a YER
dict. if rendered, or to further instruct
the jury.
Miss Patterson collapsed on the jury's
announcement and tainted dead away
She was assisted from the courtroom
by one Of her counsel and revived in
an anteroOm.
On the second return Of the jury Re-
corder Gon made a personal appeal to
the foreman to endeavOr again to reach
z verdict. The foreman entered the
jury box and polled the jurors in the
cpen court, but they were not able to
agree The Recorder then asked the
foreman II there was not some point in
law or something he could do by which
the jury might be able to reach a YER
dict, but the jurors remained steadfast
and finally declared their verdict
disagreement
Recorder Goff, before dismissing the
jury. cautioned il not to tell how il
stood. 1t is understood that a majority
Of the jurors were for acquittal but in
what proportion cannot be ascertained.
II has been intimated by the District
Attorneys Office that the State will not
attempt another trial Miss Patterson
--A tE AFACccru 6ltIicI Oh nominal Dali
or under her own recognizance and the
Enactment eventually will be ouashed.
CHARGE TO THE JURY.
In his charge to the jury yesterday.
Recorder Gof said:
TINS oase has nothing extraordinary in il.
- Tar as the testimony goes the person most
sToken ~ during the entire proceedings-the
deceased man by the name OF Young. a race
crack msn-nad this defendant to live with
I'm dS MS mistress. The mans death
cause ol the personality Of this man Young
had nothing in il TO excite your nassiors or
your pre1ucices. He a mere gambler a
lScetrack man. Therefore you should be able
70 consicer the facts calmly, without prejudice
There is artificial atmosphere for YOU 10
be EXCITED or distracted by. You must decide
l.ie circumstances without any thought Of the
atmosphere calmly and with quiet mind
Continuing, Recorder Goff said.
or course. gentlemen. you must not think
woman, you should not give her the same con-
sloerstion ar II she occupied more exalted
Is entitled 70 the same legal rights as the most
prominent and most conspicuous II there be
q reasonable doubt in this on the evidence
this doubt muCt be thrown into the balance
iN the defendant. A danger lies In the re-
marks q counsel which might take your mind
on the direct issues. You must avoid this dan
ger
The Recorder described the two de-
gress 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:
understand that there is no claim on the
psFt OF the oefe1se that II the defendant COM
mitteo this homicide II was either justfiable
OF excusable. i also understand that the de-
Tense claims that the crime was murder iu the
nrst degree or nothing. But you are not bound
70 accept the arguments OF counsel as to The
nature Of this crime You are the sudges ~
the fact II there was murder. and in what de-
gree. The crucial question is. did the man
xii himself, or did this defendant FIRE the fatal
Ehof2'' ~-
II the accused fails to take advantage OF her
privilege 70 make defense under advice of
sNay be held against her.
, The Recorder directed that questions
and answers Of witnesses, which were
stricken out upon objection by counsel.
must be disregarded
Much has been said relating to the
motive which actuated this defendant.
The prosecution claims that she shot
the man because he had cast her off as
his mistress But 1t IS not necessary
70 prove the motive TO convict Of r-aur-
der If il is shown that a motive ex
isteo, then II tends to support the cir
cumstances. But TO do this the motive
must be proved. not imagined.