New-York tribune., 1901-01-20
STILL HOPE FOR LIBERTY.
COUNSEL FOR CONVICTED BOSSCHIETER
MURDERERS THINKS COURT OF
APPEALS WOULD QUASH
THE INDJCTN(ENTC
THE INDICTMENTS.

Walter c. McAlister. William A. Death and
Andrew ]. Campbell the three men who were
round guilty on Friday at Paterson, n. j.. of
| causing the death of Jennie Bosschieter, seemed
10 have recovered themselves yesterday and
Tor the first time in a week showed trace
OF cheerfulness They spent Friday night and
yesterday quietly. and said they were glad the
trial was over. They satisfied with the YER
dict. All showed indications of the terrible
strain of the trial
With George Kerr, who is yet to be tried for
participating in the same crime the three con-
victed men walked about the corridor of the Jail
for a great part of the day. They refused to
talk to reporters and had very few visitors.
CampbelPs sister called at the Jail in the morn
ing and had long talk with him.
Kerr apparently, now shows concern
than the three convicted men. When he heard
the verdict he expressed surprise and disap-
pointment, and is worried over the charge of
Judge Dixon to the jury that all four of the de-
PENDANTS were equally guilty If it was proved
that one OF them had given the girl choral or
assaulted her Kerr's object in applying for
separate trial was that he would stand better
chance Of escaping with a lighter punishment
than the Others if not with an acquittal because
he asserted that he was not present when the
knockout drops were given and that he did not
assault the girl
Kerr will not discuss his approaching trial by
advice of his counsel Yesterday he simply ex-
pressed regret over the conviction Of his COM
panions. His trial may begin a week from
Monday. John W. Harding counsel for Kerr
said that he was ready to begin at any time
he Will be assisted in the by Judge John
F. Kerr, brother of the defendant
EX-Judge Scott counsel for the three convicted
men, has hopes that the prisoners may yet go
free and possibly without another trial He
said to-day: I'VE shall probably carry the case
to the Court of Errors and Appeals. We can do
this in two ways. You will remember that 1
moved for the quashing of the indictments al the
opening Of the trial the ground of error and
that Jddge Dixon denied my motion Now, we
can go TO the Court of Errors and Appeals and
ask that this Indictment be quashed | am sat
lsted that we have good grounds for such re-
quest and that there is an excellent chance that
1t VIII be granted. If the indictments are thrown
out that will end the whole case, for the law
says that no man can twice be placed in
jeopardy of his life and liberty
OF course. if the Court of Errors and Appeals
SIMPLY reVerses the verdict there will be an
other trial. Under the circumstances however
am satisfied with the verdict. though believe
every word told by the defendants on the stand
was true. But public feeling was too strong
and there was such clamor for their conviction
that no jury could be without prejudice"
Prosecutor Emley will confer with Judge
Dixon between and Monday as to the date
for Kerr's trial. and the time for passing sent
ence on Campbell. McAlister and Death. 1t is
the general feeling in Paterson that Judge Dixon
viii impose the full penalty on the three con-
victed men, which is thirty years Imprisonment
at hard labor
The verdict of murder in the second degree
seems TO meet with general approval among the
citizens of Paterson. While here and there the
opinion is expressed that the three men con-
victed yesterday did not get their full deserts,
the feeling among the best people Of the city ap-
pears 10 be that the murder was not pre-
meditated. justice has been satisfied with the
verdict.