The Portland daily press., 1901-01-18
DEFENCE'S DAY.
Jury Appealed to in
Bosschieter Case.
?. isoner's Attorneys Take Up Eatire
Day.
Arguments To Be Com
pleted Today.
Case VIII Probably Go To Jury
Latter Part Of Afternoon.

New York, January 17.-For the entire
session today the opposing counsel in the
Jennie Bossohieter murder trial at Pater-
son, N. j., appealed to the jury. Assist-
ant Prosecuting Attorney ex-Judge Hoff-
man Will conclude for the defense tomor
row, and Prosecuting Attorney Emisy
win then conclude for ths state. IL is
probable that Judge Dixon VIII give tbs
case to the jury in the latter part Of the
afternoon.
.As soon as court opened, Assistant
Prosecutor Ralph Shaw, began his ad-
dress to the jury. he said that a death
caused In the preparation OF felony
constituted murder in the first degree.
"We have learned" he continued, THAT
Jennie Bossohieter was not quite eightsen
years old she entitled to the presumption
that she was a virtuous, no nest and up.
right girl. There is no evidence to the
contrary. She was Industrious and
healthy. Her physical condition was such
that she must have been able to take two
or three drinks without bad effects. We
have her In that condition ON October Is.
On the evening OF that days she came
down town from her home at 9.3o o clock
and was seen talking to Campbell. one OF
the defendants, ON Main street. She
seemed to be excited and was heard to
say: "No, no." in answer to some solicit
tation or request OF Campbell's. She
went to Saal's saloon. There she and
Campbell were joined by Death.
They had cocktail, a glass OF older
and glass OF beer There is no certainty
as to which of these the girI'drank, but
none of them would have been likely to
cause the death OF a girl like the dead
one. Then McAllister came into the sa-
loon. Was that an accident. with no OBJ
ject in viewp Then there was another
round OF drinks, one OF the drinks being
pony OF absinthe. Then MoAliister
Joined the three In the back room and
hampagne was served. Then McAIlister
poured choral hydrate into the Jennie's
glass three times. Then she became IN
conscious and was carried from the sa-
loon to a hack. Kerr and Campbell, so
as not to attract attention, walked mn
Governor street ana entered the hack
near Paterson street. Then they started
with the dying girl for the lonesome
drive along the Gotfls road and Rock
road. Arriving at the open place in the
roadside the girl was lifted from the
hack, taken to the blanket on the ground
and there assaulted, while drugged go
that she could make no resistance. The
details are too horrible to repeat. The
humble hankman with some sense of de-
csncy refused to participate in the as
sault.
These men had no regard for woman
hood, themselves or their families. 1t was
the meanest and lowest type OF assault.
Then the girl was taken baJk to the
hack. Never a murmur only slight
groan. Then to the brook where the girl
In her last gasp fell dead. Then they
started for DIR. wiley's for their own pro-
and when he pronounced the girl dead
the hackman wanted to take her body to
her home. The defendants said no and
ordered him to drive out again to the
place where they left the body and where
1t was found. They threw 1t down like
dead dog on the rocks. Those good
samaritans took her out there to show
thsir PHILANTHROPY. Then came the ex-
animation OF the girls dead body and the
finding of the choral by DIR. Witthaus.
Ali the defen 1ants, said Mr.. shaw,
wers equally guilty as principals in this
crime, The stories told by defendants on
tha witness stand proved a miserable fall
ure as a defence.
Judge Francis Scott then began the
opening address for the defence. Judge
Scott said:
"The trouble with the states case is
that II Ia not supported by legal proof.
There have been presented some facts and
q good deal OF fiction. The state Is charg-
ing an impossible crime. From the mo-
ment the accusation was made it was be-
lieved by everyone. No voice was raised
to ask whether we should not look into 1t
with eyes Of reason; whether we should
not look into the fact. The prisoners
mouths were closed. We must now see
whether these fearful accusations are
true. You cannot convict these man n
untrue differences, but on legal proof.
Are these men monstersf One would
suppose SO from the virulence with which
they have been pursued by the state.
appeal to you 80 have the courage to do
your duty. The state has shown no malice
and the Indictment has two counts. The
frst:soount is THAI there was evidences
that In committing a rape the girl WAS
killed.
"The second count 10 q general one,
charging the murder OF the girl ;any kind
OF murder may be proved. There are two
sides to every story. The girl went will
ingly with two men and one q married
man, to Saal's saloon to carouse The
girl was not necessarily wicked but fool
ish and vain. Are you not astoundsd BY