New-York tribune., 1901-01-18
DEFENCE STILL PLEADING.
COURT OUTLINES A FEATURE OF
CHARGE IN BOSSCHIETER CASE.
FATE OF PRISONERS PROBABLY WILL BE
IN HANDS OF THE JURY TO-DAY.

FATE OF PRISONERS PROBABLY WILL BE
IN HANDS OF THE JURY TO-DAY.
Paterson. n. J., Jan. Il CspeciaD.-The sum-
ming UP Of the lawyers in the trial of McAlister
Death and Campbell for the murder of Jennie
Bosschieter is being continued much longer
than was expected. Judge Dixon usually saving
OF time. has not imposed any limit the coun-
sci for the defence because of the Importance of
the case. The result is that the case will not
be given to the jury until tomorrow afternoon
To-day Assistant Prosecutor Shaw outlined
what the State would demand in it's summing
up
The first address for the defence was made by
eX-Judge Scott, who spoke for an hour and a
half. Mr.. Dunn followed him with address
OF three hours when the court adjourned for the
day. Tomorrow ex-Judge Hoffman will close
for the defence and he probably will take three
hours. Prosecutor Emley, who will close for the
State, will. it is thought occupy two three
hours, and the charge Of Judge Dixon to the
jury is expected TO consume one hour; but it is
understood that if this programme takes more
than the usual hours of holding court the ses-
sion will be extended, to finish the case to-
morrow
Mr.. Shaw, in outlining the cause Of the prose
cution this morning, went over the important
parts Of the evidence briefly and succincty
had been proved beyond a reasonable doubt, and
that the State was justified from the evidence
in asking for conviction of murder in the first
degree.
The plan of the defence was that MI Scott
should attack the States case, while Mr.. Dunn
should build up the for the defendants.
Mr.. Scott said that he agreed that if the case
OF the State had been made out they had here
q case Of unparalleled atrocty; but he main
tained that the State had charged an impossible
crime. The State had failed to support its case
with legal proof. 1t simply a sentimental
story. The State, as well as the people, had been
swept of its feet from the time the body had
been found, and il appeared as though every
body believed the story before the were
tried and before their side of the had been
presented Counsel said that the count in the
indictment charging criminal assault had not
been proved, and that this fact was fatal
weakness.
Judge Dixon interrupted counsel to say that
he would charge the jury that if the defendants
had administered stupefylng drug TO the glrl
with the purpose of committing an assault upon
her and death ensued. even though the assault
was not committed il was murder in the first
degree.
Mr. Scott. continuing said that there was no
intention to destroy life In other States the
statutes usually had the words poison inten-
tionaly given for the purpose of destroying life"
but these words omitted in the New-Jersey
statute, and this point had not yet been con-
strued by the New-Jersey courts. Counsel held
that the State asked the jury TO make long in
ferences in this case. The evidence against the
defendants crcumstantial and weak.
Mr.. Dunn reviewed the evidence minutely, and
argued that in a natural and innocent way, all
the circumstances that had been alleged could
have occurred and yet be explained had
been done by the defendants. He asserted that
. there had been prearranged plan among
the four men, but that they had come together
[1that evening accidentally, and while they had
" been thoughtless and wrong in letting the girl
get drunk in their company, yet when she did
get drunk they did the next best thing they
could, and tried to revive her. All their conduct
could be explained satisfactorily that theory.
He attacked Sculthorpe, the hackman. saVagely.
and applied all the epithets TO him that have
heretofore been used against the prisoners He
said that the hackman had lied deliberately and
cOntradicted himself, and that the jury could not
take his testimony into account The word of
such a man, he said, should never be allowed to
hang any living being. Afr. Dunn made very
earnest and strong plea. but did not present the
evidence in any new light.