Evening star., 1901-01-17
NEARING THE CLOSE
Verdict Expected in Jennie Bosschie'
ter Case This Evening,
THE ATTORNEYS SUMMING UP
Defendants Appeared in Better
Spirits This Morning.
SCOTT'S CLOSING ARGUMENT

PATTERSON, N. j.. January 17.-There
was a large crowd gathered around the
county court house today eagerly awaiting
the close of the trial of Walter c. Nc
Allister, VIM. A. Death and Andrew j.
Campbell, for the murder of Jennie Boss
chieter, a young silk mill employe. 1t was
generally believed that verdict would be
reached by the jury before evening.
The accused men We're apparently more
hopeful this morning than they have been
al any time since the trial began. Before
they were taken from the Jail to the court
room they talked together and seemed to
entertain the belief that their testimony
of yesterday had had a favorable effect on
the jury, and that tonight or tomorrow at
the latest, would see them once more at
liberty.
AS soon as court opened Assistant Prose-
cutOr Ralph Shaw arose and began his
address to the jury. He said that killing
that occurred in the preparation of felo-
ny constituted murder in the first degree.
I'VE have learned" he continued, that
Jennie BosSchictcr was not quite eighteen
years old. She is entitled to the presump-
ton that she was a vr,uous. 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
three drinks without bad effect
The prosecutor then proceeded with a
brief survey of the incidents of the evening
and night of October IS as they were
brought out by the witnesses for the state.
Defendants Equally Guilty.
IN conclusion Mr.. Shaw said: IAN the de-
PENDANTS are equally guilty principals in
this crime. The stories told by the defend
ants on the witness stand proved a misera-
BILE failure as a defense. Such defense is
worthy of no consideration. Their story is
10 he weighed 10y what they had said be-
fCle 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 JUS
tice, for verdict of murder i'll the first
degree"
Judge Francis Scott then began the clos
ing address for the defense.
Judge Scott asserted that the case of the
state was not supported by legal proof and
that the state was charging an impossible
crime. He alluded to the general uninimity
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 of the difficulty
of the jurors divesting their minds of all
prejudice. He declared, further. that each
of the accused men should have had a
separate trial.
Judge Scott said that if it were true that
the girl had been killed by the defendants
in an attempt to assault her, alleged in
one count Of the Indictment the accused
men would be guilty of murder; but he
denied that the proof of the allegation
had been supplied by the state. The other
count in the indictment charges murder
If, said counsel for the defendants, it were
attempted to prove that the girl had died
Of poison 1t 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 common law
nrin inln zinc hn fatn Il,
says that if death results to an innocent
person In the attempt of another to COM
nit felony the latter shah be deemed guilty
of murder in the first degree.
Circumstantial Evidence.
The case of the state, Mr.. Scott asserted
was made up Of circumstantial evidence
He alluded to Jennie Bosschieter as a 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 eighteen years old. On the
evening of October 1S, counsel said, she
willingly went with two men, one of them
married, to Saais saloon to carouse.
Mr.. Scott assailed the testimony Of the
hackman, Sculthorpe. If he stood by and
witnessed the preparation of such crime
as he described, without word Of remon-
STRANGE, he was as guilty as the men who
committed the offense. Before the coroner
Sculthorpe swore he saw no assault upon
the girl; in court he testified that he did
witness the assault. In one case or the
other he testified falsely; and counsel told
the jurors that it was solely on this mans
evidence that they were asked to convict
the defendants.
The alleged confession of the defendants
Campbell and Death to the police officers
Mr. Scott declared was not relevant, having
been merely hearsay far the jury was
concerned. Had there been assault as al
legged, Mr.. Scott said the fact would have
been shown in the evidence of the doctors
who examined the dead girl or of those who
performed the autopsy.
Counsel for the defense next attempted
to destroy the value of the evidence of
Prof. Witthaus as to the finding of hydrate
choral in the stomach of the dead girl by
citing the testimony of other chemists that
girl had had in Saal's saloon had shown the
same poisonous liquid as Witthaus found
in the stomach.