The times. [volume] (Washington [D.C.]) 1897-1901, 1901-01-18
moi READY FOR THE JURY
Arguments Consume Much Time in
the BOsschieter Case.
Speeches and Charge of the Court
Expected TO TnI<e Until Late This
Afternoon - Attorueys for Defence
Attack Sculthorpe and the Detec-
tives The states Weak Points.

PATERSON. y. J., Jan. 17-There i.
still TO be another day of legal argumen
in the case of Waiter C. McAlisser Will
lam A. Death, and Andrew J. Campbell
on trial before Judge Dixon, in the Court
of Oyer and Terminer, for the murder o
the young girl Jennie Bosschieter
When court adjourned yesterday after
noon all the evidence was in, and it was
believed the case would go to the jury
not later than this evening. But this cal
culation was all at sea. The lawyers
talked the whole day through, and there
are still two speeches to be made.
There is little reason to believe that
the case will 60 TO the jury before late
tomorrow afternoon. There is still one
important speech for the defence to be
made. This is the address Of Judge Hoff-
man, who viii probably occupy all of the
three hours of tomorrow mornings ses-
sion. 1t can hardly be expected that Mr..
Emley will speak less than two hours,
and with the charge of the judge to be
considered, it will be good progress, judg-
ing from the pace that was set today. if
the jury gets the case before or $50 TO-
morrow afternoon, and there is still an
other delay to be counted upon.
When Judge Dixon consented TO ad-
journ court at the conclusion OF Mr.
Dunn's speech today he directed that
whatever requests to charge the jury on
specific points there were, be submitted
hpfO Ind unff 1t,
morrow morning. This probably will
take considerable time. As a matter of
fact it would surprise nobody If Judge
Dixon deferred his charge to the jury
until Saturday morning
For the three prisoners themselves to-
day was day nearer approaching con-
ISOLATION and sympathy than any since
the trial began. Their attorneys had the
floor practically the entire day. Mr..
Shaw, assistant TO the prosecutor. open-
ed the case, but his function was to give
little more than a bare outline of the
case the State believes 1t has proved
Mr. Shaw spoke little more than half
an hour His address was admirably
lucid and moderate in tone. vet he
brought home several points OF evidence
against the accused that sent flush TO
the face Of Campbell aud set Death to
work at his old trick. when agitated. of
twitohing his face and frequently moist
ening his lips. But this did not last
long. and Furthermore. MIR. Shaw gave an
opening 20 the defence in the course of
his remarks which Judge Scott. who was
the hrst speaker for the prisoners was
not SLOW 10 take advantage Of
Ihis was whes Mr.. Shaw referred TO
tne can driver ScuithOTpe In a way which
mferentislly placed that worthy in the at
Ntude Of a virtuous and heroic character.
Nr. ScuithoFpe, when critically examined
IS he was by Judge Scott, does not appear
10 advantage in tast role His testimony
before the coroEers jury introduced by
The defence on his cross examination con-
hicts absolutely on vital points with the
testimony on direct examination in rhe
present case
In his direct examination in this trial
he swore that he saw at least two of the
defendants in the very act Of committing
the felony on which the Indictment for
murder in the first degree hangs. In his
testimony before the coroner's Jury he
swore with equal positiveness that il was
40 dark he could not see what was going
sn about him.
Judge Scott. as afterward did Mr.. Dunn
ewelt with much force upon this dis
crepaney- Both Of these denounced Soul
thorpe as not only liar. but the most in
famous Of all who directly or indirectly
We're connected with the crime in question
II that crime were committed. 1t was par
ticularly insisted upon by both counsel for
the defence, and Sculthorpe was in cold
blood, that he had not been drinking. and
that whatever he tacitly countenanced by
looking on calmly and without protest was
done with all his senses about him.
Both Judge Scott and Mr. Dunn declared
mat II the crime were committed. Soul |
thropes proper place was in the dock |
with the defendants, and Mr.. Dunn Ieit- |
erated again and again that Sculthorpe.
being out on $500 bail himself. was swear
ng away the lives of the prisoners to /
save himself from the consequences OF I
his share in that awful nights work
The line of argument followed both by |
Judge Scott and Mr. Dunn was that TO |
convict the prisoners under the indict- |
ment for murder in the first degree IL |
must be found that rape was committed !
and that the girl died from the effect |
lhereof. The proof of this as set UP by |
the State. argued the prisoners counsel. |
rested upon two things and two things !
only-the testimony of Sculthorpe and the |
confessions OF Death and Campbell made |
TO the detectives, which confessions were |
sNAuitteu III eNlueHce, one directly by r /
der OF the court and one adroitiy by the |
skillful maneuyring of Mr.. Emlsy, the
prosecutor.
The testimony OF Sculthorpe was dis
credited by producing his directly oppo- |
site testimony before the coroner and bv |
sssailing his character on the basis Of |
IS own admissions as TO his compliance |
1t least with whatever was done while he |
was away with the party in his carriage.
The testimony Of the detectives was as |
'ailed on the ground that they were de- |
ectives, always eager 10 convict and \
hereby win glory and reward.
Judge Scott cited Victor Hugo's Javert /
IS a type Of the detective, taking some
iberties with the text of Les Miser-
bles' in doing so. He said. for instance. |
hat Javert cut his own throat because
ean Vatican voluntarily surrendered
hereby robbing Jayert of the glory Of
apturing his quarry. But all this was
n jury argument and apparently ii did
lot much matter that Victor Hugo's Jaw
'rt made way with himself in quite
lifferent way and for quite a different
.ause
Ar. Dunn likewise assailed the detec-
I