New-York tribune., 1901-01-09
KERR TO HAVE SEPARATE TPy.T
JUSTICE DIXON CHARGES GRAND JURY n,
BoSSCHIETER CASE

Paterson. Jan. (speciaD.-At the opening a, -.
January term OF the County Courts here ~ -s- Hs
Justice Dixon granted the application OF e,sor,
Kerr one of the men indicted for the murds. = :.
Jennie Bosschieter, for a trial separate from, NJ,
Alister. Campbell and Death, who are also indictas
for the crime The Justice said that he vvoIs
file his reasons later. He denied the motion :.
Francis Scott, counsel for MeAlister TO ouasb 49,
indictment Counsel had made seven points in an,
port OF his motion. One was that the indie,rr
did not state the date OF the crime but the ma
replied that the date of the victims death was -
forth. and that was sufficient. The second pot.t
claimed duplicity containing the charge OF rsn.
and murder. the count charging that the defendant
cid commit both these crimes and also did cor,,,,,
one and. in doing committed the other to wbI,s
the Court replied that this point was met bv ~,
statute. which declares that where a death follow,
the commission of felony II is murder. Auotsa-
point that the Indictment did not contain ,s
words ''wilfuIly, felonousIy and with n1alca aro,
thought" The fourth objection was one OF r,r,,
diction u being claimed that the crime was eo,-
nnitted outside of Passaio County; but 70 this ~.
Court replied that the Court of Oyer and Tern7i,.
had Jurisdiction in Passaic and Bergen count,as
both being within the circuit of the Justice Tia
question as 20 the crime committed was also raizAd
and the Court said that whether the accused vera
guilty Of murder rape. assault and battery or SIM
pie assault or guiltess would be determined By ths
petty jury in the trial
The Court caused a cOmmotion when il was
charging the Grand Jury by taking up an article
recently published in local newspaper. This
article stated that a crime similar TO the Bos
schieter case had been committed near Paterso7
bv one Of the best known business men in the CITY
and that the man had paid $50 to the father o.
the girl to conceal the matter and nothing was
done.
Justice Dixon. in calling the attention Of ths
Grand Jury 70 the article. said:
AS II stands alone II constitutes ground upon
which prosecution of the alleged ravisher and
those who were engaged IN compromising that
advisable for the Grand Jury to call upon the per-
sons who were concerned IN that publication for
whatever information they are able to give. and
then from that informal ton, you may be able get
AT the original of the report, and ind
whether 10 has basis In truth or not If IL has
a basis in truth. ana YOU md reasonable ground
this feIonious transaction occurred, either in the
nreparation for the commission of this rape or In
The efforts compromise ~ and prevent public m
yestfgation after il perpetrated there would be
Indictment. If the other hand, YOU ind thai
this article Is without reasonable foundation. and
and with a design TO promote the administration Of
Justice. but upon some less cOmmendable motive
so that il reflects upon some individual in the com
munity. whether II points to him by name or hy
10 indct for libel very one who was engaged In
that publication Every one engaged in that pub
Iication may be Liable, even though the name OF the
alleged ravisher may not have been given Libel
NAV be bv fnsinuati ton well as by direct charge
Such publica tiOns thar are either commendable
as earnest efforts to secure the administration oc
as publications intended rob man OF his reputa
ton or even society Of It's Just repute So gentle
men in either the one direction or the other your
investigation should bear some result