The sun. (Wilmington, Del.) 1897-19??, 1901-01-19
THIN BOSSCHIETER CASE
Closing Addresses For the Defense
and the Prosecution.
JUDGE HOFFMAN'S SPEECH.
Prosecutor EmIey In UtterinE the
Last Words For the state Ear
nestIy Urges the Jury to Con-
Wet the Accused Men.


in the Bosschieter trial. In the opening |
he said it was principle OF law that
defendant was not required to prove MS
Innocence, but that it rested with the
state TO prove him guilty No man could
be found guilty, he said, so long us there
existed reasonable doubt as TO MS
guilt, and il the facts in this case couid
be reconciled with innocence the DEFEND
ants must be acquitted :,
whatever view is taken OF the law,
said Mr.. Hoffman, If it can be SHOWN
that Jennie Bosschieter did not die from
choral or assault, then the case against
the defendants has not been proved.
There is no legal proof that she died
from choral poisoning or that an assault
was committed. Choral, as under
stand it, is drug used almost UNIVERSAL
~ for benetcent purposes as medicihe.
The state charges that this defendant
tpointing to McAlister) put choral into
the girls drink that night. If he had
Choral. where did he get it?'
The state, he added, had all the ma
chinery to find this out. but had failed TO
do it. Continuing, Mr. Hoffman said
The testimony of Dr. Witthaus as to the
finding of choral in the body should not
be regarded as infallible. The speaker
said juries had failed to agree with DIR.
Witthaus and that his evidence, although
useful, was not conclusive.
The Evidence OF witthaus.
"Dr. Witthaus," continued Mr.. HoH-
man. Says he found FIVE grains of choral
! in the girls stomach, and he presumed
| there had been ten grains in it. He had
only half the stomach to analyze. think
the liver would have been the thing to
analyze. Why did he examine the stom-
aeh? 1t was because he was employed
to find the chloral, and, being SO employ
cd he found it, lie said he did not know
how choral killed Why doesn't he? Be-
cause the progress Of science has not got
far enough, and he proves its inaccuracy.
He did not know how choral affects the
respiration. Tie amount of choral he
found, he said, indicated that a much lar
ger amount had been taken, but he could
not tell how mach. He had to acknowl-
edge the inherent ignorance Of his sci
renee. Yet that kind of science is to be
used to send three men TO the scaffold.
Would not that he monstrous? He fur
ther says that the amount of choral he
found in the stomach could not have done
in the bottle.
'Do YOU wonder that ! take no stock
in expert testimony? My experience al
the bar has taught me better. lie sale
. THAT 20 grains was small dose and tina
40 or 30 would not necessarily be fatal
He discovered these five OF ten grains b,
six tests. BY applications in all kinds o
WAYS. They were distilled and boiled
1 4 ~. T..
/ satisfied with one test alone that Their
: was choral in the body. Still six test
e satisfied him. Yet this evidence is give
= TO hang three mon. That alone make
! enough doubt and renders such evidenc
2 valueless, No jury has right to con
Wet any one when there is doubt on
! material point. No one doubts that tn
I, girl that night took cocktail. absint
+ and two glasses of champagne. Di
J. Witthaus said one could not swalloN
4 enough Of these to get sufficient alcohc
to kill Taking into consideration til
A. amount Of ahsinth she had swallowe,
ip1 add to this the cocktail and the tw
, ~ glasses of champagne, and you need NJ
,y look far for the cause Of death"
n The Confessions.
= Judge Hoffman then spoke Of how Il
y police had eXtorted confessions fro
-: Death and Campbell and kept them in
nS room for this purpose for four hour
de Counsel claimed that the police had l
40 authority to do this and that it w.
- against ali justice, as the prisoners we
IN then not under oath. The police h;
" tried TO repeat what the prisoners h;
US told them, but counsel claimed it W
M impossible for them to remember all tn
ii the prisoners had told them. He spoke
Of the saloon incident and added:
lo- "rhen consider the absurd story of t
'es hackman. so absurd and inconsiste
~ with human nature or reason that it
ktt not worthy Of any credence. There
ne one witness in the case whose testimo
,ol is false. is not true and could not be tn
p. and that witness is Augustus Sculthorl
At the corOner's inquest he swore that
be- could not see what was done when
all men and the girl were OH the grou
, in because it was very dark and the lights
al the carriage had been put out. ! hi
bic, only pity for the men who could belle
N aise that man and his contradictions. He v
i al here to do as the state wanted. The b'
did all they could to revive the girl III
/. 4 they were convinced that she was de
me. There is no one within the sound of
'ell, voice who could say what he would dc
l ", such circumstances. They do not KIN
1he why they did not take the body home
the stead of putting it where it was fou
ns If the story of the hackman be true, Il
e it is the duty of the state to have
here in the prisoners pen. The wi
=, case is consistent with the innocence
day the defendants under proper appl
iday ton Of the law If they go to the s.
non fold will not be here to see it. l
cav shield my face and say, shame, shal
-- to the hitherto good name of New
nee sey."
clor' states Final Address.
AT tile close of Mr.. Hoffman's sps
Prosecutor Emley began the final add
for the state. He said:
Never before in the annals of CT
did lust ard murder stoop to such de
rom dation and shame as commemorate
the 18th Of October last. Here is a CT
SEN that hy reason of its shocking and loa
ary- come features brings the blush of sh
half TO the most hardened cheek and 9
eve concern for the peace of society and
.om- safety of our homes. 1t is this CT
who this crime, which we are interests
the now, which far and wide has filled
breasts of men with overlooking W
1t has created an intensity of indi
n. ton never before known in this
won munity. | have endeavored to do
or best could to bring to you light on
rned facts as were within my diligent ]
seph that you might know the case
lbso- amply and Understandings as it e
cling from beginning to end. | have aske
Y is no mans life, craved for no mans
har n hnI IN In Wi .