The sun. (Wilmington, Del.) 1897-19??, 1901-01-18
Closing Scenes In the Great Murder
Trial at Paterson. I'll.
SUMMING UP BY LAWYERS.
Prosecution Earnestly Appeals to Ju-
ry to Convict the Accused, While
Counsel For Defense ms Ear
nestly Pleads For Acquittnl-

The accused men were apparently more
hopeful than they have been at any time
,ince the trial began. Before they we're
aiken from the Jail to the courtroom they
alked together and seemed to entertain
he belief that their testimony had had
most favorable effect on the jury.
As soon as court opened Assistant Pros
,cutor Ralph Shaw began his address to
he Jury. He said that death caused IN |
he perpetration of a felony constituted
murder in the first degree.
ave have learned" he continued, that |
Jennie Bosschieter was not quite Is |
wears old. She is entitled to the pre-
sumption that she was virtuous, honest
and upright girl There is no evidence to
the contrary. She was industrious ana
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 Oct. 49,
On the evening of that day she came
down town from her home at $3.50 o'clock
and was seen talking To Campbell, one OF
the defendants. on Main street. she
seemed 10 be excited and was heard to
say No, no. in answer to some sollclta-
ton or request of Campbelrs. She goes
10 SAILS saloon. There she and Camp
bell are Joined by Death"
scenes In the saloon.
He continued by detailing the scenes in
the saloon as the prosecution viewed
them aud added
''Then they started with the dying girl
for the lonesome drive along the Goilie
rond and Rock road. Arriving at the
open place in the roadside, the girl was
lifted from the hack and taken to the
blanket on the ground and there assault
cd while drugged so that she could make
no resistance. The details are too horri-
hle To repeat. The humble hackmani
with some sense Of decency, refused TO
participate in the assault.
"'rhesc men had no regard for woman
hood themselves or their families. II
was the meancst and lowest type OF as
sault.. Then the girl was taken back to
the hack Never murmur. only slight
grnan. Then 10 the brook. where the
girl, in her last gasp. fell dead. Then
they started for Dr. Wiley's, for their
own protection. Then they sought Or.
Townsend 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 it was found. They
threw it down like dead dog on the
rock. Those good Samaritans took her
out there to show their philanthropy.
Then came the examination of the girl $
body and the finding Of the choral By DR..
| Witthaus.
"All the defendants" said Mr. Shaw,
were equally guilty as principals in this
crime. The stories told by the defend
ants on the witness stand proved Il mis-
cradle failure as Il defense, Such de-
fcnse is worthy of no consideration. 1t
was never told before in court. You
gentlemen. would never have acted as
they did. Their story is to be weighed
by what they had said before, no matter
under what circumstances they told it.
| With these facts presented the state is
compelled to ask you, putting aside all
sympathy, in the name Of justice, for a
verdict Of murder in the first degree"
Judge scott's Address.
Judge Francis Scott then began the
opening address for the defense. He said:
"'fhc trouble with the states case is
that it is not supported by legal proof.
There have been presented some facts
and good deal Of fiction. The state is
charging an impossible crime. From the
moment the accusation was made it was
believed by everybody. No voice was
raised to ask whether We should not look
into it with the eyes OF reason; whether
we should not look into the fact The
prisoners mouths We're closed We must
now see whether these fearful accusa-
tons are true. 1t is IN impossibility that
you should have gone 10 the jury box
without prejudice, and we have had tt
overcome that prejudice. A man is en-
titled to be considered innocent until Ii,
: shall have been proved guilty. Each is
entitled to separate trial You cannot
convict these men on untrue differences
but on legal proof Are these young mel
monstcrsI
'One would suppose 50 from the viru
lence with which they have been pursued
by the state. | appeal TO you to hay,
the courage to do your duty. The stat,
has shown malice. and the indictment ha
: two counts. The first count is that Their,
was evidence that in committing assaul
tile girl was killed. If that were true
the defendants would be guilty of murde
i'll the first degree. according to the pro
visions of the law. Tho fact that tn
= woman died from the effects of assault i
( not proved i'll this case.
= The second count is q general one
g charging the murder of the girl, and an
kind OF murder may be proved Th
: state may try to prove that she was kill
= cd by poison. II is important to knol
: whether The poison was given with inten
:. to kill or not. The law does not stat
q that il must be premeditated to kill To b
y murder in the first degree. AS | under
S stand the law, if the girl died from til
effects of poison. 1t must have been give
with wilful and premeditated intent [
kill to be murder in the first degree. Tn
n statute says murder, but that is commo
! law. That also requires knowledge {
? the dangerous character of the drug. :
8 that the state rests in that dilemma, an
:. there is nothing to sustain the claims ,
l. Me prosecutor. There are two sides
: every story. The girl went wilingl
Il with two men, and one a married maj
i to Saafs saloon 10 carouse. The ii
Y was not necessarily wicked, but FOOLS
r and vain. Are you not astounded by Il
fact that this girl had cocktails, absint
and champagne, this girl not quite ]
years Of age, vet drinking poison in tn
r manner!
IA The Hackman's Evidence.
If "The assistant prosecutor told you til
d Jennie had pony of absinth. while Il
e saloon keeper, Saal, told you that it w;
is a whole glass. Now as to that poor hac
h man. What kind of man would he
s. to stand by and SEQ a crime commit,
T. without offering any interference? L
s. der the circumstances he was equal
guilty as the defendants. Why was
not indicted? Before the coroner
4 swore he saw nothing but here he TO
- another story He lipd in ono ulncn