The Kalispell bee. [volume] (Kalispell, Mont.) 1900-192?, 1901-01-31
KERR ARRAlGNED.
Fourth Of the Paterson Brutes In
Court,

IdlcTSOu, ~. d., jail. ZS.-GeOrE1 j
Kerr, who was jointly indicted with
McAllister, Campbell and Death or
charge of rape and murder in the
first degree in connection with the
death of Jennie Bosschieter, was uu
expectedly brought into court before
Judge Dixon, when he pleaded non
vult to the charge Of rape John NJ
Harding, counsel for the prisoner, ad
dressed the court and said that ke,r
was not present when the knockout
drops We're administered to Jennie
Bosschieter and neither did he as
sault the girl when she was taken
from the carriage on the Rock road
Counsel said that he hoped that the
prosecutor would take this into con.
sideration and accept plea of mn.
vult.
Public Prosecutor Emley said that
while he made every preparation tr
place Kerr on trial on the indictment
found against him, he felt inclined to
accept the plea of nonvult in view of
statements by counsel as to Ker. S
connection with the girls death,
which seemed to be corroborated hy
the general facts of the case.
Judge Dixon, after Prosecutor Em-
ley had accepted the plea of nonvu!t,
referred to the trial of McAllister,
Death and Campbell, and said that If
he had been on the jury that tried
them, he would have found a verdict
of murder in the first degree. Judge
Dixon said that as far as Kerr was
concerned, the prosecutor had no evi-
dence by which he could connect him
with the drugging of Jennie Boss
chieter. Consequently the charge Of
murder was eliminated from the in-
dictment. The Judge said that Schulz
thrope, the hackman, was guilty with
the others, but that he had come
forward and told a true story of what
mad occurred on the night of the mur-
der On account of this action the
prosecutor has very properly decided
not to prosecute him.
Kerr was then remanded for sell
tence. He can receive a punishment
of Is years.
Campbell's sister is circulating a
petition which will be presented to
Judge Dixon asking for clemency 70"
her brother.
Prosecutor Emley announced today
that he would have McAllister, Camp
bell and Death arraigned in court and
would move that sentence be pro
at once.
1t is the opinion that all the pris-
oners except Kerr will receive ex.
treme penalty for murder in the sec.
ond degree, of which they were con-
victed. The full penalty is 30 years
Imprisonment at hard labor. 1t is also
believed that Kerr will be sentenced
to the full penalty of the law, to the
charge which he has pleaded nonvuit,
which is IS years Imprisonment at
hard labor.
Keer'splea OF 'nonvult conten-
dere" to the charge of rape has the
same effect as plea of guilty, nj.
though, technically, it is not an admia-
sion of the crime. In effect, is an an
that no defence would
have been offered on trial. In view
Of the acceptance of his plea on the
charge OF rape, Kerr will be called
upon to answer the Indictment accus.
ing him of murder.
Paterson, N. j., Jan. 29.-Walter C.
William A Death and An
drew J. Campbell, who were found
guilty of murder in the second de-
gree for the killing of Jennie Boss
chieter on October 18, 1900, by the ad-
of chloral, and subse-
vopo kO~okhov ,,,skb Noor~n