The Washington times., 1905-05-03

Recorder Goff began in that still. soft
voice hardly heard beyond the jury
box He began his cnarge b. stating
that the jury must confine itself to the
facts and not be permitted to be in
iiuenced by outside distractions, such IS
artihces of counsel.
The recorder said that there was moth
ing exceptional IN the case which should
cause any Juror 20 become excited. He
spoke of the idle, nIaudiin.' curiosity
which has been evidenced by the large
crowds, and said that these exhibitions
should have no influence upon them.
''You Irust discharge your duty, and
YOU must not consider how your action
may be taken by others.
Past Life DisTegarded.
Recorder Goff said the jury must not
consider what the life OF the defendant
had been but must give her the same
consideration that any woman, no mat
ter her position, should have The re-
corder said the occupation, the mode or
life and character of the deceased. vas
also beside the issue. He declared that
the worth or worthlessness of the per
son in this tragedy y as not 10 be con-
sldered.
The law ordains certain rules which
are designed for the protection of hui
manity They apply 10 the defendant at
the bar These rules, briefly a.s as
follows.
1.-The presumption of innocence remains
with the defendant until proved guilty
and until such time the presumption re-
mains with her; she is entitled 90 every
reasonable doubt throughout the case
she Is given the right to take the stand
fpfH htIt hpT "a
do so must not be taken against her.
You must accept the instructions give
you upon the question of law.
Argument Must Not Count.
Recorder Goff said that all arguments
of counsels TO the court. and efforts to
get in evidence not permitted, must be
disregarded Any suggestions, conveyed
by questions ruled out. must be exclud-
ed The recorder said that the jurors
could consider what motive, if any, ac-
fuated any witness.
You can reject any part OF a wit
ness testimony or all of the testimony
| If you so find. That Is for you to de-
| terInine."
Recorder Goff said the main and chief
question was whether the defendant
killed Caesar Young. The degrees of
homicide. being murder, manSlauShtef,
excusable homicide, and justifiable hom-
icide. We're then explained. The record
er said counsel on both declared that IL
was either murder in the first degree or
nothing but that the jury Were not
bound in any way by such contention
OF counsel Recorder Gon quoted the
rulings OF the higher courts on what
constitutes murder in the first degree.
1.-THE prosecution contends that the
defendant had design to kill Young
and that she took a loaded revolver in q
cab to do il,
Murder in Second Degree.
Recorder Golf explained murder in the
second degree, which. he said, was kill
ing with an intent, without delfberation
or design. AS an example he stated if
man, on an impulse, picked up a re
yoIver and shot another without delfb-
Grafton, that would be murder III the
second degree. The court explained
nansiaughter as a killing without design
or intent The recorder said the crucial
question was. Did the defendant Kill
Caesar Young?
You are here to determine whether
the defendant killed Young. You are
not TO speculate whether Young shot
himself or not. You are TO determine
whether defendant killed Young If you
wander from that question you will be-
come enrneshed in specula ton
The weight and value Of circumstantial
evidence was explained at length. ex-
tracts from the court of appeals being
read.
Benefit of Doubt.
s'You must give the defendant the ben
eat of the doubt where the circumstan-
tiai evidence bears equally in any con-
struction. If the circumstances indi-