Daily inter mountain. [volume] (Butte, Mont.) 1881-1901, 1901-01-17
PATERSON TRIAL
NAY END TODAY
AND VERDICT OF MURDER IN
FIRST DEGREE LIKELY TO
BE BROUGHT IN.

Assistant Prosecutor Shaw first adj
large crowd gathered around the court
house today eagerly awaiting the close
OF the trial of Walter c. McAlister, VIM.
a. Death and Andrew J. Campbell for
the murder Of Jennie BOsschieter the
young silk mill employee. 1t was general
~ believed that verdict would be
reached by the jury before evening. p
Before they We're taken from the Jail
to the court rOom the accused men
talked together and seemed to entertain
the belief that their testimony of yes
terday had had a favorable affect upon
tie jury. and that tonight or tomorrow
at the latest would see them once more
at liberty.
Arguments We're begun as soon as
court opened.
Assistant Prosecutor Shaw first al
dressed the jury. He said that a killing
,hat occurred in the preparation of >
felony constituted murder in the first
degree
I'VE have learned. he continued.
that Jennie Bosschieter was not quite
Is years old. She is entitled to the pre-
sumption that she was virtuous, honest
and upright girl There is no evidence
to the contrary. Her physical condition
was such that she must have been able
to take two or three drinks without bad
effect
The prosecutor then proceeded with a
brief survey of the incidents of the even
ing and night of October IS as they were
brought out by the witnesses for the
state.
In conclusion. MI Show said:
IAN the defendants are equally guilty
as principals in this crime. The stories
told by the defendants on the witness
stand proved miserable failure as a
defense. Such defense is worthy of no
consideration. Their story is to be
weighed by what they 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. but in the name of
justice. for verdict of murder in the
tilst degree.
Judge Francis Scotte made the closing
argument for the defense. He assert
ed that the case of the state w. not
supported by legal proof. and bat the
state was charging an Impossible crime.
He alluded to the general unanimity
with which the community had accepted
as true the published statements that
the death of Jennie Bosschieter had been
brought about through the attempt of
the accused to commit felony and the
difficulty of the jurors divesting their
minds of all prejudice. He declared that
each of the accused men should have
had separate trial.
If, said counsel for the defendant
1t were attempted to prove that the girl
rad died of poison, it would be for the
state to prove that the poison was given
with intent to kill.
The common law, he declared, was
superior to the statute and in this case
he asserted. the superiority of the COW,
mon law principle as against the statute
which says that if death results to an
Innocent person in an attempt or another
to commit felony. the latter shall be
deemed guilty of murder in the first de-
gree.
The case of the state. Mr.. Scott assert
ca, was made up of circumstantial evil
dence. He alluded to Jennie Bosschieter
as girl foolish and vain, though not
necessarily vicious who was under no
control; who was in the habit of being
out late at night though only IS years
old. On the evening of October Is, tn :
counsel said, she went willingly with
two men, one of them married, to Saa,s
saloon to carouse. Mr.. Scott assailed
the testimony of the hackman, Soul
thorpe. Before the coroner Sculthorpel
sWore he saw no assault upon the girl:
in court he testified that he did witness
the assault. In one case or tie other he
testified falsely.
The alleged confession of the defend
ants. Campbell and Death to the police
officers, Mr.. Scott declared, was not rele->
want, having been mere heresay so far
as the jury was concerned. : j.
Counsel for the defense next ATTEMPTED
to destroy the value of the evidence of
Prof. Witthaus as to the finding of hy-
drate choral in the stomach of the dead
girl by citing the testimony of othe,
chemists that an analysis of q solution of
the drinks the girl had in the saloon had
shown the same poisonous liquid as Wit
thaus found in the stomach.
AS to the states theory that McAEster
poured something. presumably choral
hydrate, in Jennie Bosscheter's glass
Mr.. Scott said McAlister did so, but it
was champagne.
Michael Dunn. also of counsel for the
defendants followed and devoted the
opening portion of his argument to es-
tablishing the proposition that there
was between the accused men no pre-
arranged plan to make Jennie Boss
chieter drunk and aftarwar 6c ca,So