The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1901-01-19
Ignored Charge of Murder in First
Degree and Found Them Guilty
of Assau1ting the Girl.
PRISONERS WERE NERVOUS
BUT DID NOT MANIFEST ELATION OR
RELIEF OVER THE VERDICT.
Maximum Penalty Under New jersey
Law Is Thirty Years In Prison
Judge Dixon's Charge.

NEW YORK, Jan. 1s-Walter c. McAlis-
ter, Andrew ]. Campbell and William
Death, three of the four persons indicted
for the murder of Jennie Bosschieter, mill
girl of Paterson. N. j., who was murdered
on the night Of Oct. IS last. were to-
night adjudged guilty of murder in the Sec
ond degree, for which, according to New
Jersey law, the maximum penalty is thirty
years Imprisonment. The jury took four
teen ballots. When they filed into the court
room the prisoners appeared very nervous.
McAlister seemed more excited than
ing his lips while waiting. Camp
bell thrust his hands into his trousers
pockets and clinched his fists in them.
Death looked anxiously about the court
room for moment and then assumed the
same attitude as Campbell.
When the verdict was announced tho
prisoners evinced neither elation nor relief.
Judge Dixon thanked the jury and said he
believed the verdict just one. He then
dismissed the jurors until Monday morning
The court then rose and the prisoners were
taken back to Jail. The jury retired at 345
p. m and came back at $40 o'clock.
THE JUDGES CHARGE.
When court opened this morning ex-
Judge Holman closed the summing up for
the defense. Prosecutor Emley then deliv-
cred the final address for the State He
concluded early in the afternoon. Then
Judge Dixon charged the jury. He began
by saying:
''The testimony has been skillfully pre-
sented to you. and it is only the duty
OF the court to apply the law. The de-
fendants are charged under one count Of
the indictment of murder in the first de-
gree. There is a second count that on the
same day they committed a rape. You
may find some of the defendants guilty or
some not guilty of murder or of rape or
fendant Is entitled to the benefit of any
reasonable doubt If he be proved guilty
Of the higher crime it Is murder in the
first degree. If there is reasonable doubt
he may be convicted of the lower grade of
crime or acquitted. On you rests the re-
sponsibiifty OF any question of facts. / call
your attention to the occurrence on the
~
the hack. The State contends that she was
iEsensible, and that while in this condi-
ton she was lifted from the carriage and
placed on the blanket. Because of what
was done there finger ring was torn from
her cut finger and pin fell from her dress.
Ihese occurrences may show some light on
the degree OF force that may have been
used The hackman says he saw the group
around the girl, and then he was asked
to crafty his lust Death also confessed
that to the officers The defendants deny
1a milf ic - 1,a1
these men had any motive to swear false
ly. The conduct of the defendants in the
saloon and after they had gone out throws
some light on this. The legal rule as to the
confession OF Death is that 1t is only evil
dence as to his own guilt, but cannot be
used against the other defendants So
when you are weighing the evidence of
Death and Campbell you should also con-
s.der the testimony of the officers. If 1t
be not proven that any of these defendants
had connection with Jennie on the Rock
had while she was insensible then they
are guilty, even IL only one of them raw
ished her. If she, by her voluntary drink
ing, had made herself insensi5le to her sur
roundings and any one took advantage of
her condition, rape was committed.
Now for the graver charge of murder
1t Is charged that in Saals saloon she was
drugged so that some of the defendants
might have carnal connection with her
II at the Rock road the crime was COM
mitted 1t Is easier TO believe that the prep
aration for 1t was made in Saars saloon
McAlister, it is said, ordered four drinks
and then took them into the room him.
self. Then the hackman took the officers
to the place where the bottle was found and
found 1t contained chloral hydrate. Pro-
fessor Witthaus found ten grains of choral
in the girls stomach. Death has said that
McAlister put knockout drops in the drinks
of Jennie. She became sleepy and gave
all the symptoms of chloral poison. The
defendants deny that McAlister put any
inf he o4r ri rfr,lC nr
berg says he did not find choral hydrate
Witthaus said he was not satisfied with
any one test and tried all. 1t was reason
able that he should try ALL 1t must be re-
membered that the charge was a grave
one and that ii involved life and death
1t must also be remembered that punish
ment was to be given. but there must be no
fear or favor In the verdict. You must
say whether one or all are guilty. 1t must
be determined by the jury IL all were
equally guilty and were equally concerned
The jury must say whether the verdict if
ii be one of guilty. was In the first or
second degree. and I pray God to give you