The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-05-04

dimenslons Of the cab and the street where
the cab was when the shot was fred. At
this time the rumor was that the jurors
were experimenting with the pistol and
that they stood six for acquttal, five for
granddaughter IN the first degree and ono
undecided.
OUT TO DINNER. STILL DisAORERINo.
The Jury went out to dinner at $50 o. clock,
and Recorder COT gave them permission
20 stay until 10 p. NJ. They went to Hams
again. Recorder COT went away in an
automobile 10 visit friends, telling the court
attaches where a telephone message would
reach him II he was needed. Al this time
The report was that the jury stood TO for
conviction OF granddaughter in the first
degree, the extreme punishment Tor
which il twenty years in prison. There
was stll a great crowd IN ana ABOUT
the building when the Jury we're told they
could 90 10 dinner and the ponce started
10 clear the way. Az the people were driven
out one door others came IN by anotner'
The Jury finally got out OF the oullding' out
hadn't gone half block before there was
q crowd at their heels As they walked
down Park row under escort there were EOo
persons trailing after them
When they started back from dinner
At Gas p. NJ, tagged again by several nun
dred persons rival attraction was furnlsheo
by the FIRE apparatus on the way TO DOWN
town FIRE and there was plenty OF excitement
along Park row. The jurymen on their
way back smoked cigars, and some OF theh
chatted together as they marched Inc
crowd marched alongside, gaping at them.
In front OF the Tombs several huhuIeu
more formed a lane, through Whlch the
iurymen and police marched silently A.
thew neared the courthouse several hoou-
lums who had read in one OF the evening
paperz that that was the thing TO 90 cIleu
sAoouit herr" Free Nan Peterson. Inc
polioe pushed them back, but did not arrest
them for "embracery," which Il What the
law calls such a performance.
potIcE HAD TO CLOSE 4 STREET TO THE
CROWD,
All day mob struggled and fought
around the building driven here and there
by the police.
workers we're on their way home, the crowd
became 40 great opposite the Bridge OF
iShs that the police lined of Franklin
street between Center and Elm and would
let no one through. Inspector Schmltt-
berger finally took charge OF the police
= N
.station tried TO drive the crowd on. About
the same time all those who had fingered m
the Criminal Courts Building were shooed
away, and only reporters, counsel Tor Nan
Patterson, Messrs. Rand ana tarNah ana
q few strangers were lett
CHARGE PHASES BOTH SIDES
Recorder COTS charge was considered
fair by both sides. After the formal charge
~ considered some seyenty-tve propo-
-ltions which the counsel for the prisoner
yyished 10 have submitted TO the Jury. Most
Of these the Recorder charged, but about
tvrontv he refused TO submit, either be-
cause in substance be had referred TO them
bimsef or because he said they were irrele-
want. OF these about six referred TO the |
rurohaae Of the pistol. In effect, Mr.. Levy
Tedussted that the jury be told that be,
cause OF the fact that j. Morgan Smith had
not zone on the witness stand, it was not TO
fe assumed that he bought the revolver
With which Young was killed. Assistant
District Attorney Rand said he considered
that this was qSesoR TOT Iee 5Sry yt
him, refused 10 charge the jury as re-
quested,
10 OCCASION FOB PREJUDICE on SYMPATHY.
Al the outset OF his charge the Recorder
aid that there was nothing IN the death Of
TomE, a racetraok gambler TO excite
Trial had been marked by nothing that
khould withdraw attention from the only
iegue. whether or not Young had been
allied by Nan Patterson, who had been
bis mistress. There was no place for, an
appeal 10 sympathy, either, any more than
~ passion; and the idle OF maudlin curiosity
ne jurors had noticed in coming an / going
Nhould not affect their verdict m the least.
Neither should they consider the Il eorles
6dvanoed by counsel on either side; all
they had to consider we're the facts as pre-
Sented In the testimony.
MANsIAUdHTER NOT ELIMINATED.
The proposition that their verdict must
rhs either murder in the first degree or acc
initial. as advanced by Mr.. Levy, was not
~ ia considered. The Recorder defined
murder In the first and second degrees, and
lthe two degrees OF manslaughter. As
filled by a revolver, dan gerous weapon,
Me second degree Of manslauRhter could
he eliminated but the jury could con vict
lof any Of the Others or could aoquit. Con-
hinuiNR the Recorder snid.
This case rests upon what IL called cir
kalmstantial evidence. Circumstantial evil
denoe IL open TO the infrmities open to all
evidence. II Is not absolute certainty.
Circumstances may direct or mislead.
Witnesses may speak the truth or not,
After a close and cautious examination
some course must be followed. This course,
gentlemen, rests with you.
AN evidence is more or less circum-
etAntial. whether given by eve witnesses or
taken together and all point TO one con-
clusion, circumstantial evidence may be
more satisfactory than direct evidence.
no MATTER HOW YOUNG WAS KILLED TP
PRISONER DID NOT KILL HIM.
I'm this case Cesar Young died on the
9TH OF June There II no dispute here
that his death was caused by pistol shot,
no that the crucial question Is: Did the
defendant kill him? II she did not you
are not called upon TO determine whether
Young committed suicide or whether he
died by accident. You are here to de-
Sermine whether this defendant killed
aim. Did she fire the shot that killed him?
IN abe did not, you need not determine
how he was killed II you attempt TO ar
rive at any other conclusion than the one
YOU are charged with finding you may
And yourselves in a maze Of speculation.
THE motives urged for the crime are
anger because cast of as mistress or
chagrin in disappointment at not becom-
ing his wife. / charge you that II Ia not
necessary that motive should be proved
III YOU find that the crime was committed.
But in determining the value Of circum-
GtantiAl evidence the question Of motive
becomes one Of great importance, and
in this case II there was motive what
was III
Was Il revenge OF anger OF lover And
n the defendant was actuAted by any Of
...,fi,raa and Counuaiffad r,nr4,r