New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-10-25

AegH
Her husband whispered a Jew worc
She was taken into the Sheriff
The charge, in which the evidence
'rss not discussed, consumed just forty
minutes Should an agreement be
.,.,bsd to.morrow. It will be the first
.,rs IN the history OF murder trials
!, the East. st lesst--thst q verdict
-.s returned on Sunday. There Is
,otbipe IN the law TO prevent it. Sun
asv under the legal Interpretation be-
s.1., a continuation Of Saturday.
~Tbe worst we can get is q disagree
nsntp said the Csrman lawyers ou'
,s are certain Of acGuittsl."
aConviction sure" said District At
brney Smith.
Fste Crowd Visits Court
1,tef the jury had been taken 10
sr,,r the courtroom crowd, which nsd
,,,D.,s out. came back again to Sit
aat the wait through the recess.
D,sss.d g. # for the theatre, scores
A. Young women motOred to the court
bo5s. but most Of them were turned
back st the doors.
Mrs. csrmsn was brought back to
,hs courtroom at $3.50 o'clock. Her
lswyers came in five minutes later
Immediately behind them came Dis
,riet Attorney Smith and his assistant
Charles Weeks.
The Jury took their seats at s;be
o'clock Most Of them spent the time
waiting for Justice Kelby 20 come IN
stealing glanees at Mrs. Csrman, who
vas very grave. The justice took his
seat az 9 o'clock.
Er. Graham arose 70 protest against
,eme of ". Smiths statements in the
srnnmc up. TIE objected TO the state
r,rt liat ylr.. Carmsn knew somebody
was killed when she came downstairs
and that the defence had not produced
;be two women supposed to have been
in the house at tho time Of tho murder.
He made several objections.
The court began his charge at 9:O4.
Ho stood up as ne talked.
The defendant Is charged" he began,
with killing Mrs. Bailey after pre-
meditation. ! shall read 20 you the
definitions Of homicide
This he did and while he read Mrs.
Carman's face became white, and enc
looked steadily down into her lap.
Find the Truth, Says Court.
"Al of YOU understand" the court
vent on, as that your main duty IS 70
Ind the truth. That you will do by
considering and weighing the testimony
Of the witnesses, for I shall not go
over The facts for you. am here
merely TO tell YOU what the law IS. !
would 90 outside my province should ]
review the testimony, which all or you
have heard.
"rhe credibility of witnesses is en-
nrely with you. Did they impress you
as truthful? Did they impress you as
eyasiveg Did they impress you as
false? That is for you to decide. You
may decide that parts OF some or tne
stories are true. The rest false. IL Is
1or you 70 accept what parts you re-
gard as true and discard what you
tank untrue.
Much of the evidence brought out
mere IN this week of testimony was Tor
'ae purpose of testing the credtbtlity OF
bome Of the Witnesses and not so bear
on the facts Of the homicide. I ad-
mitted the testimony of Dr. Carran
uader this head. for his actions are
mol binding on the defendant"
Reasonable doubt was defined by the
souri, and also direct snC' eircumstan-
uai evidence.
have told YOU that my province is
entirely that Of giving you the law, and
snail not refer TO the evidence. II
you are convinced beyond 3 reasonable
seoubt that Mrs. CsrmRn did not kill
Ars Bailey, your duty is to acquit her
Ane end the case.
But II YOU ind from the evidence
va the defendant dio commit a crime
sshieh resulted i'm the death of Mrs.
9aheY YOU are then TO consider the
o'kree OF The crime.
4, " you find that the defendant killed
pie' Bailey. though intending 10 kill
aer husband, and this intent Was not
ptemeditated. the defendant is never
'"sless guilty of first degree murder
me court then read requests 70
Snafge by Mr.. Graham. The fact that
sasuce Kelhy did not take up and dis
,s the evidence caused much sur
r.se, but he explained that he did not
,St 70 give the impression Of shading
w w evidence in any way.
"hlle the court was reading the nu-
efous requests 70 charge. Mrs. Car
80 BIZ her lips impulsively. DR.. Car
n was close beside her. Red spots
moved in her cheeks. Elizaketh. wbo
- attended all of the sessions was
'ot in court. Wv ''O"'' ""'
" not the consequences that
NYlllnuen Ilaaa ...l.r.,r.