The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1905-05-12
FAIL TO AGREE: gre
A Mistrial Entered for the Sec.
ond Time in the
NAN PATTERSON CASE.

ed that it Was HopelessIy Dis
agreed, After which they
Were Discharged.
The jury that has been trying the
Nan Patterson case in New York for
the past ten days failed to agree and
were discharged Thursday morning.
Nan Patterson is charged with the
murder of a gambler by the name Of
Caesar Young.
The jury was given the case at l. 80
o'clock Wednesday and after dellberat.
ing IL hours came into court at ]. 80
o'clock Thursday morning and inform
ed Recorder Gof that they had failed
to reach verdict. The jury declined
the recorders offer to aid them by ad-
vice on any point of law regarding
which they might be in. doubt, and
we're sent back to continue their delib
erations. At 2.20 o'clock the Jury
again entered the court room, where
the recorder and other court officials
were In waiting, and the foreman an
nounced that they had failed to agree
on verdict. He added that their dis.
agreement seemed hopeless of adjust.
ment. Upon this announcement Re.
corder Golf formally discharged the
Y men composing the third jury that
has considered this celebrated case. 1t
Is understood that majority of the
jury was for acquital, but in what
proportion they stood cannot be ascer
tanned.
Miss Patterson collapsed on the
jury'S announcement and tainted dead
away. She was assisted from the court
by one OF her counsel and several court
attendants and revived in the ante
room. On the second return OF the
jury, Recorder GOff made personal
appeal to the foreman to endeavor
again to reach a verdict The foreman
entered the jury box and polled the
jurors in opon court, but they were
not able to agree. The recorder then
asked them again if there was not
some point in law or something he
could do by which they might be able
to reach q verdict, but the Jurors re-.
mained steadfast and finally declared
their verdict disagreement. Record
or Gotf, before uismissing the jury,
cautioned them not to tell how thew
stood.
Recorder Gon 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 consideration as II 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. II
there be reasonable doubt in this
case on the evidence, this doubt must
be thrown into the balance for the
defendant. A danger lies In the re.
marks OF counsel which might take
your mind off the direct issue. You
must avoid this danger"
The recorder described the two de.
gress OF murder aud manslaughter In
the irst and second degrees, which, he
said, he apprehended by the requests
TO charge was thought by counsel to
be applicable In the case, and proceed
ed:
1 understand that there is no claim
on the part OF the defense that IL the
defendant committed this homicide it
was either justitiable or excusable. I
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 in what dagree.
The crucial question is: Did the man
kill himself or did this defendant fire
the fatal shot?'
If the accused falls to take ad.
vantage of her privilege to make
defense, under advice Of her counsel.
her failure to do 50 must in no way,
be held against her.
Much has been said relating to the
motive which actuated this defend
ant, F." he continued. THE prosecution
claims that she shot the man because
he had cast her off as his mistress.
But 1t Is not necessary to prove mo-
tive to convict Of murder. II it is
shown that motive existed, then it
eSAioo w ouPPOlU Uuc ClICuIQSUaQCeS.
But to do this motive must be pIov
ed, not imagined"
Before giving the case to the Jury,
Recorder Gon ruled on the requests
to charge interposed in Miss Patter-
sons behalf. He refused to submit one
OF the requests, saying it would be
direction to the jury to acquit the de.
fendant. He told the jury, however,
that they might disregard the testi.
mony OF Julia Smith If they thought
1t right to do 50. He also refused to
charge requests concerning Pawn
broker Stern and the failure OF the de-
Tense 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 it
was not necessary that there should
be direct and positive evidence as to
everything and it was sufficient that
the facts be proven.
III you believe that 1t was a DIV.
sicial impossibility, SO far as the ma
ture OF the wound is concerned, for
Young to have shot himself, then that
is fact, he said, but you must re.
member that one inference cannot be
proven by another Inference.
If you believe the defendant fired
the shot without del!berat!on or in.
tent to kill, but In a moment of pas.