New-York tribune., 1901-01-19
MURDER IN SECOND DEGREE
so THE JURORS SAY OF MALISTER,
CAMPBELL AND DEATH.
PRISONERS BORE THE ORDEAL WELL AND
SEEM SATISFIED WITH VERDICT
CASE TO BE APPEALED.

CASE TO BE APPEALED.
Paterson. n. j.. Jan. IS (speciaD.-''we find
the defendants guilty of murder in the second
degree
The only sound in the courtroom was the voice
of the foreman of the jury in the Bosschieter
case when he uttered the above words in an
swer to the nterrogatory of the clerk of the
court. Justice Dixon upon taking his seat, had
warned the spectators against making demon
stration. and they waited in almost breathless
silence for the foreman to speak.
The prisoners were slightly pale as they stood
looking at the jurors, but the jurors did not re-
turn their gaze. The same remarkable self-con-
troll that they have generally shown remained
with the defendants. Campbell was the most
resolute of the three. Traces of emotion could
be detected in the others. but Campbell held his
head high.
On the way back to the Jail McAlister said to
the constable who escorted him, There were
lies, at that meaning that the States case was
not spotless but evidently admitting the general
correctness of 1t.
HOW THE JURY STOOD
There were rumors in the vicinity of the Court
house soon after the verdict that the jury had
taken eleven ballots and that at first they stood
seven for murder in the second degree and nVe
for murder in the first degree. Their delioera-
tions We're conducted quietly, and they seemed
to have had ntte difficulty in agreeing upon
their verdict 1t is said that seven of the jurors
had been for a conviction in the second degree
for the last three days.
The extreme penalty fo- murder in the secohu
degree is thirty years in State prison. Sentence
probably will be imposed next week, but there
Is a possibility that 1t will not be pronounced
until after the trial of Kerr.
Prosecutor Emley said tonight. after the YER
dict that Kerr would be tried some time during
the present term. but he could not at present
fix the date In referring to the result. he salo
that he did not understand how the jury ar
rived at the verdict They could not do II
logically. he said. but he was perfectly satisfied
with it, one of the counsel for the prisoners
said that he considered the verdict victory
for the defence.
on reaching the Jail the three prisoners hur-
ried to Kerrs cell and cried out rather exult-
antly:
The second degree
That is awful" Kerr replied.
CASE TO BE APPEALED.
No one was allowed into the Jail to see the
prisoners after the verdict except Counsellors
Michael Dunn and Charles b. Dunn, who after
ward said that the prisoners still maintained
the same control over themselves that they ex-
hibited in court. Michael Dunn said that coun-
sci for the defendants would undoubtedly take
the case to the Supreme Court error, and
II the verdict was affirmed there they would
carry il to the Court OF Errors and Appeals. so
that it may be eighteen months before a final
adjudication Is reached
There is probability that Kerr may
plead non-vut to murder in the second degree;
but II he should do he would lose the chance
the other prisoners have of getting the case
reviewed in the upper court
The general sentiment among the people of
this city tonight regarding the verdict is one OF
satisfaction. Most people look at the as
one lacking the preconcerted and deliberate de-
sign to kin, and, although the circumstances
were most revolving. they are satisfied that the
verdict was rendered honestly.
The pleadngs to-day We're by ex-Judge Will
! lam ]. Hoffman for the defence and by Prose-
/ cutor Emey for the state Judge Hoffman's ef-
forts We're directed toward dissipating weak
/ enng the testimony Of Professor Witthaus.
! while the Prosecutor eloquently hammered home
! the revolving scenes of the crime. taking up the
! evidence piece by piece and thread by thread in
! a speech OF two hours duration.
But it was when Justice Dixon began his
| charge that the scene in the court room became
| dramatic and impressive. Every seemed TO
realize he listened to the voice of the Justice
| through which thrill of emotion was plainly
perceptbe. that he was justly. but fairly. lay
! ing down the law. He spoke for forty minutes,
deliberately and solemnly, and with the clean
dictiOn and earnest force for which he is famous.
The jurors bent forward and listened intently,
! and the spectators apparently forgetful for the
! time of where they were, hung upon every word
! of the charge. Mr. McAlister, one of the jurors,
| became so deeply interested that unconsCiously
| he now and again nodded his head affirmatively.
or shook it negatively or raised it quickly, in
| rhythm with that of the Court.
! Justice DiXon's charge was concluded at $40
/ p. m. and the jury retired.
Many Of the spectators remained In the court
room. and others went into the street for a
| breath of air after the jury went out but as
II became known that a verdict had been
! found they filed the seats again, and only
| seemed glad to get away when the prisoners had
| been led back to their cells