The Washington times., 1905-05-03
RECORDER GoFF BEGINS CHARGE.

cate that Young killed himself and an
equal number of circumstances Indicate
that The defendant killed him. then you
are 10 give the doubt. .
The recorder said the testimony OF
doctors concerning the course OF the
bullet was not TO be considered as eX-
pert testimony, except when their
opinion was asked for.
Opinions Of these Witnesses, based
though it was on learning and study
OF years. was not binding on the jury.
The purpose of expert evidence is to
Much has been said concerning the
motive. That motive has been presented
as one of resentment because OF being
cast off as a mistress. Another, that
Young failed TO carry out an alleged
promise to marry.
Il charge that it is not necessary TO
prove motive 10 show murder Ihe
question OF motive, though. is one OF
great Importance. If the defendant did
kill Young. what was the motive! was
it revenge or what?
"A motive shown gives a eorroboratfon
TO the cireumstantial evidence, but 1T
is not necessary TO show murder
ne Comment on Facts.
Regarding the facts in this case I
have not comment TO make. You are
the sole judges of facts.
III appears that Young first met the
defendant in May, 1902 and that she
lived with him as his mistress Their
relations continued. He gave the de-
death he appears 10 have had recon-
ciliation with mis- wife. and because or
this reconciliation TO discontinue his re-
lations with this defendant.
1T appears there WAS some contro-
yersy between this defendant and the
deceased. On the day before he was
10 sail he spent the entire day at
Sheepshead Bay with his wife and Mill
drove 70 the home of Mr.. and Mrs.
Luce. He remained there until IL
o'clock, and some time between Il ana
Il O'clock Young met this defendant.
Between ! and $3.50 they spent The
time in Flannery's saloon, There the
defendant told the deceased she knew
hold was deep enough for her not 70
find him. When the deceased left her
that night he struck her and used an
eApletiYe.
Morning of Fatal Day.
The next morning Mrs. Young
searched her husbands clothes Young
left the house. saying he was going to
get shaved and a new hat Mrs. Smith
says Young telephoned for the defendant
To meet him. Somewhere about o'clock
the defendant met the deceased and
they took a cab and drove downtown
and went to hat store After that the
and stopped at saloon on West
Broa dway. On the way the deceased
told the driver TO hurry as he wanted
10 be at West Fulton street by
o clock. Near Northmore street the wit
ness Stenam said he heard a shot.
The recorder narrate the facts givea
in evidence. following the shooting. The
demise claims, said the recorder. that
the alleged fact that OYuug telephoned
the defendant that morning to meet him.
precludes the idea of design to kill on
the defendants part.
Strong Point fer Nan.
of the defense that Young shot himself
is more reasona bic. the laws says that
you must give the defendant the benefit
of that belief.
THE prosecution, on the other hand,
contends that this defendant shot Young.
and if you are satisfied that the evidences
supports this contention you must ac-
knowledge 1t. -
The recorder charged the jurors on
certain points requested by counsel fog
charge that the failure to call j. Morgan
Smith to the stand was not 10 be con-
sidered
1T is not necessary TO prove positive
facts on every point. 1t is sufficient IL
you have facts TO draw reasonable
inference. As, for example, il you ara
convinced that it was an inpeSSibility
for Young to Kill himself, you can draw
the inference that Young was shot by
someone else.
Recorder Goff said 1t was for the jury
to say through what hands the pistol
passed from Sterns Dawnsaop TO the
pocket of the deceased. Stern's testI-