Morning journal and courier., 1881-09-06
Jennie Cramer's Fate.

the young Malleys were taken in 8 hack so Thompson's Hall, West Haven, by Deputy Sheriff Peck, and at about ten the prellm- mary hearing in the case began. The hall was filled to overhowing with spectators. There was quite sprinkling of ladies. James Malley, jr., was looking little ill Walter appeared to be feeling well, and both chatted and smiled occasionally. They sat, before the trial began, at window in little ante room mp stairs, smoking cigarettes and glanc- ing occasionally out at the upturned faces of the people curiously gazing at them. At last Justice Booth signifed to MT. Bush, counsel for the prosecution, his readiness, and the deputy sheriff brought out the pris- oners, who sat facing the audience near their counsel, Messrs. Blydenburgh and Fox. Mir. Bollman was present also. He is engaged to assist the prosecution, MT. Bush began the business by stating that he had prepared a new complaint. It was against the two prls- oners jointly. He was about to read it when Judge Blydenburgh asked to see 1t, and it was handed to him. He read it and Mir. Fox read it. Theyconferred together and the paper went back to Justice Booth, who asked, "Are
 
 yers looked at law book, and, after a4pause, Judge Blydenburgh said, ''Yes." ''Walter Malley and James Malley stand up," said the justice.
 The accused rose and MT. Bush read them the long document, the important part of which-the counts-ars:
 That James and Walter MalIey did willfully and with malice aforethought, kill and murder Jennie ne
 drowning; (2)-that they did the same with ohloro- form; CS]-the same with arsenic tg-the same by
 causing congestion the brain with liquor and drugs unknown and (5) by pressing and holding her face against the sand of Long Island Sound, thus smoth ering and sufocating her.
 The justice asked: ''What is your plea ?" James said: Mot guilty, sir.'' Walter said: ''And mine is the same" After they had sat down it was found that no warrant had been attached to the com plaint. This caused delay of ten or fifteen minutes. A warrant was made out. Deputy Sheriff Peck served it, and MT: Bush-the defense not waiving the new reading-had to read over all the minutes again. The de. fense evidently wished, as was proper, to take advantage of all technicalities. Walter said. when asked to plead, ''Not guilty, sir," with slight shake of the head. James shook his head and said, after mak- ing an explosive noise with his mouth, 'sNot guilty"
 Judge Blydenburgh moved at once for a separate trial.
 This the State opposed. MT. Bush dis claimed any idea that the State would go to the expense of giving these prisoners, &C., cused jointly, separate trials. They were linked together by the testimony and the facts going to make res gestg were closely inter- woven. With separate trials some facts nec- essary to binding over would be excluded. A separate trial was all right before the Superior
 Court, but was absurd before justice court. Judge Blydenburgh now sailed in. It ill became the State to plead expense, though he ! had heard of it before in connection with the 1 inquest. There might be testimony admit ] ted here in joint trial which, while admis- 1 sibls against one, would be inadmissible | against the other. In such circumstances | his honor would be embarrassed. He had | understood from Mir. Bush that the trials l would be separate and at the last moment the contrary is learned.
 Justice Booth thought that all She evidence 1 in one case would be admissible in the other. Judge Blydenburgh moved for new in- ] formation. The State ought to be ready after all that had been done, after sweeping the city and part of New York, to specify
 something definite in it's complaint. MT. Bush replied by citing the informa-
 tion in the Hayden case, which had different counts.
 Judge Blydenburgh said that was a different case. The arsenic and the throat cutting in her case were part of one crime. Justice Booth decided to proceed with a joint trial.
 Asa Curtiss, who found Jennie Cramer' body, was the first witness examined. He testified: I live at West Haven; have worked on the shore for six or seven sea- sons; on the morning of Saturday, August 6, between , and o'clock, discovered a body on the shore I went down that morn ing to bale out my boat after had baled it two thirds out stopped to rest; I looked and saw something floating in shore it was five or six rods from where I was below me; I went to it and discovered that it was body and brought it to the shore; it was face down and the head was very little out of the water; I lowed it in until the face struck the sand; it must have drifted in some eight or ten I06G Wnu6 l saw It l drew her out and then I went and told Howes' folks that there was dead body; S. l.. Marsden's folks had seen it before did he was out on the platform back of his house the girls hands were crossed Illustrating on his stomach ) her dress was rolled up quite hard so that it was hard to pull it down from her hands i; her skirts were also wadded up; all her clothes were pulled up her mitts instead of taking them off, to see if there was any, ching on her rings there was "J. C." on one ring; there was little blue belt around her waist; her skirts were 8 little rusted by 8 metallic purse; I took out the purse and opened it and found in it ten cent piece, two pennies and a two cent piece and think two white beads, such, think, as were around her neck found nothing else on her person to speak of; her hat was pinned to her hair so that it hung down and could not get away the hat was mashed on one side as if it had been done by the washing of the water; on her hands were little white mitts which partly came up on her wrists she had two rings on one finger and two on another one had large stone in it and an other had four little stones there was one with an imitation of gold dollar and ''J O." on it; the eyes were closed the mouth opened as I turned her over, as it kinder threw the head down.
 seWas there any odor ?"
 s'Well should say there was. It smelt very strong and tasted it for three or four days"
 'fCan you describe the odor?''
 'No, by George, don't want to undertake it. don't know anything about chloroform, but should think it was laudanum or opium, or something of that sort with some other in gredient mixed with it, it smelt so."
 "Was it iquor?"
 'sNo sir
 'tAre you somewhat familiar with the smell of liquor ?"
 ''Well, have handled enough of it and mixed enough to know"
 Witness continued It was about two- thirds high tide when I first saw the body the body was two rods from the water's edge then at low tide there would have been no water where the body was; the body was be. tween two sand bars the place is a little ba- sin at high water at low water I would have had to go about ten rods beyond where the body was to reacha depth of one foot of water; have had previous experience with bodies I have taken out many bodies, and have worked at it since was fifteen or six teen years old the different appearance in this case from ordinary was that shetwas on her face and her hands were laid together in an unusual way; ordinarily the eyes and mouth are closed: most drowned persons will