The Providence news. (Providence [R.I.]) 1891-1906, 1905-05-03
NAN PATTERS0N'S FATE
is NOW IN JURY'S HANDS
CONTINUED From Page one)

Continuing Recorder Goff said:
"Of course, gentlemen. you must not
think that. because OF the humble posi-
tion OF This woman you should not give
her the same consideration as II she oc-
cupled a more exalted position in society.
whatever her position she is entitled TO
the same legal rights as the most promi-
nent and most conspicuous. She is not
called upon 10 establish her innocense
The burden OF proof rests with the prose
cuuon.
"If there be a reasonable doubt in this
case on the evidence this doubt must be
thrown into the balance for the defend
ant.
You must accept the instructions
give you on all questions of the law, and
YOU must apply these instructions as
give them 10 you. You must not depart
from them by as much as single let
ter.
"A danger lies in the remarks of coun-
sci which might take your mind off the
direct issue. You must avoid this dan
ger. The indictment charges that Nan
Patterson killed Frank T. Young and
charges murder in the first degree.
MUST BE DISREGARDED.
IF the accused fails 10 take advantage
of her privilege TO make defence under
advice OF her counsel. her failure to do
so must In no way be held against her.
The recorder dirctd that qustions
and answers OF witnesses which were
stricken out upon obJectlon by counsel
must be disregarded.
QUESTION OF MOTIVE.
Much has been said relating 10 the
motive which actusted this defendant"
he continued THE prosecution claims
that she shot the man because he had
cast her OF as HIS mistress. But IL is
rot necessary to prove motive 10 convict
Of murder. II 81 is shown that a motive
existed then It tends to support the cir
cumstances. But TO do this motive must
be proved not imagined"
Before giving the case TO the jury Re-
corder Con- ruled on the request to charge
irterposed I'm Mans behalf He refused
10 submit one Of the requests. saying &c
would he a direction 10 the jury TO acquit
the defendant. He told the jury. how
ever that they might disregard the tes-
timony OF Julia Smith II they thought 1t
right to do so. He also refused to charge
requests concerning pawnbroker stern
aid the failure Of the defense 10 call j.
Morgan Smith
He said that claims on either side were
not 10 be considered rs evidence.
After going over the requests. Recorder
Con tC Ia the jury 81 was not necessary
that there should be direct and positive
evidence as to everything and It WAS sui
fcient that the facts be proven.
SYMPATHY MUST NOT SWAY.
"If you believe that IL was physical
impossibility so far as the nature OF the
Nound Is concerned for Young 10 have
shot himself. then that Is a fact" said he.
but you must remember that one in0r-
ence canont he proven by another infer
ence.
IF YOU believe the defendant fired ths
shot without deliberstion or intent 10 kill
but i'm a moment of passion, then you may
find her guilty ~ one OF the other de-
grcos OF manslaughter. In reaching your
combustion YOU must not be swaYed by
sym oathy or other influences"
IN JURYS HANDS.
The fury then at 1,0e o'clock retired to
begin its deliberations
Following the retiring OF the Jury the
prisoner was taken back 10 her cell In
the Tombs. The girl met her father at the
Tonbs and embraced him. She did not ap-
pear exceedingly nervous and looked as ~
she was relieved after the many days OF
strain.
after being out an hour the jury Went
70 luncheon