The Caucasian. (Clinton, N.C.) 188?-1913, 1905-05-11

! thursday morning the jury In the case
OF Nan Patterson. tried for th- third
time on the charge Of numbering Caesar
/ Yourx. VAS called into the coa.t room
/ by Recorder Coz. When the l. ;nen
were in their places snd tho court ofTl-
cials had all arrived. the recorder ASKED
why the defendant had nos hcea
brought into court. 4 deputy sheriff
replied that she had been feeling sli
and had retired. but was then teinE
| dressed. After q wait OF l. minutes.
Miss Patterson appeared hooking pale
aud in highly nervous state.
Gentlemen. have you been able to
reach an agreement" askci the fe-
coFder OF the jury.
NO. sir" replied the foreman.
lis there any question of Law ar
evidence In which can instruct ynue
Is there any way In which the court
can help you."
The foreman looked for an Instant
at his fellowmen then turning IA the
recorder. said: No. sir. don't be-
lieve you can help us
Then you will retire TO reconsider
the matter"
JURY DISCHARGED.
The jury flied out and the eour,
room was cleared. Recorder Coz re-
mained In his chamber ready To re-
ceive verdict IL 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 cas-.
Was still out. Nan Patterson sat in her
cell in the Tombs. buoyed up by the
| hope that at the end of their dellhera-
| ton the twelve men would agree Ia "A
verdict OF not guilty. Miss Patterson
| hope were based partly on rumors
which were current about the Criminal
/ Court building, that the frs. ballot
taken in the jury room were decidedly
| in her favor. The jury had had the Gaze
since shortly after O'Clock Wednesday
afternoon.
| During the afternoon the jury cent ID
| 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.
,elf.
At 1876 the Jury. recorder and other
court officials had assembled In the
court room. Recorder Con demanded
% know why Nan Patterson was moi
present. when he was Informed that
she was ILL., He gave orders directing
that she be produced Immediately.
CHARGE TO THE JURY.
Recorder Goff In his charge 10 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 IL she occupied a more
exalted position In society. Whatever
her position. she In entitled to the same
legal rights as the most prominent
and most conspicuous.
The recorder described the two de-
krees 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:
Il understand that there is no claim
Do the part OF the defense that IL the
defendant committed this homicide IL
was either justifiabie or excssabie.
also understand that the defense
claims that the crime was murder In
the first degree or nothing. Bat you
are not bound to accept the arguments
Of counsel as TO the nature Of this
crime. You are the Judges Of the facts,
Il there was murder. and In what o..
gree. The crucial question IL. Did fhs
man kill himself or did this defendant
Gre the fatal shot,,
IF the accused fails 20 take adYan.
tage Of her privilege TO make a Dc.
tense. under advice Of her counsel. her
failure TO do SO must In no way be
held against her.
NEED TO PROVE MOTIVE.
Much has beer said relating TO the
| motive which actuated this defendant"
he continued. The prosecution claims
that she shot the man hecange he had
cast her OF as his mistress. But IL IL
not necessary To prove motive TO con-
vict Of murder. II IL Is shown that
motive existed. then IL tends to sup
pert the circumstances. But 10 do this
| motive must be proved. not imagined"
Before giving the case TO the jury
Recorder Gof ruled on the requests %
charge interroset In Miss Patterson's
behalf. He refused to submit one OF
the requests. saying that IL would be
direction 10 the jury TO acquit the
defendant He told the jury. however.
tha. they might disregard the testi-
nony Of Julia Smith IL they thought :.
right 10 do so. He also refused to
T, charge requests concerning Pawnhrok-
er Stern and the failure Of the defence
I
claims en- either side were not 10 be
considered