origin. One of his recent jury charges is now presented as an average sample, and indeed it may be accepted as a model charge presenting the kernel of law without superflous shell: "Gentlemen of the jury, it is proper for me to call your attention to certain rules for your guidance in the determination of this case. "The defendant at the bar is presumed to be innocent until the contrary be proved. That presumption remains with him until the moment when your mind is convinced by evidence to be contrary. When that moment arrives, then the presumption ceases. "It is the privilege of the defendant to take the witness stand in his own behalf. He may exercise that privilege or not, as he deems proper. If he docs not exercise the privilege, his failure to do so must not be taken to his prejudice. "The burden of proof rests upon the pros ecution. The people are bound to prove every material fact necessary to the convic tion of the defendant by a preponderance of evidence and beyond a reasonable doubt. "Arguments of counsel are proper to be considered by you when based upon evi dence in the case, but beyond that, the opinions or conjectures of counsel should have no weight with you. "You are the judges of the credibility of each witness on the stand. It is with you to say what witness to believe or to disbelieve; what portion of any witness's testimony to credit or to discredit. "You are the exclusive judges of the facts in the case. The court is the exclusive judge of the law, and you are bound to ac cept the court's interpretation of the law without question, but upon the facts you are the exclusive judges. "These are general rules which you will observe and be guided by in your deter mination of this case. "The issue in this case is one of fact, to be determined by you upon the evidence before you, and upon that alone; and the issue is, whether or not this defendant is guilty of receiving stolen goods with the knowledge that they were stolen. That is the one supreme issue which you- have to decide, and you will be careful in your deliberations, to keep that in view at all times, and not to permit your discussions or your minds to wander upon collateral questions." Recorder Goff has now a full decade of term left to him. But it will only be a judi cial term, for the charter of the Greater New York removes his civic duties as member of the municipal boards. He is officially styled Recorder of the City and County of New York. As a city officer, he on New Year's day becomes functits officia, but he will remain a county officer and judge. There was a time when, as a county officer, the recorder presided over the County Board of Supervisors. His court of general sessions remains a county tribunal. After New Year's Day the island of Manhattan, heretofore statutorily called New York City, becomes on the statute book the borough of Manhattan. And the recorder will remain both a New Yorker and a Manhattaner. On that day he can in his civic capacity echo the plaintive and monotonous answer on the trial of Queen Caroline, made by her loyal Italian courier, who was vainly asked questions tending to incriminate her, — Non mi recordó.
