New-York tribune., 1901-01-29
KERR'S PLEA 4 SURPRISE.
rYExPEcTEDLY THROWS HIMSELF
UPON THE MERCY OF THE COURT.
urpcE DIXON SAYS HIS VERDICT WOULD HAVE
SENT MAILsTER CAMPBELL AND DEATH
TO THE GALLows


SENT MAILsTER CAMPBELL AND DEATH
TO THE GALLows
Paterson. y. J., Jan. 2S CSpeciaD.-The an
,ouncement made this morning that George 7.
Kerr had pleaded non vult contendere- to crini-
cal assault, which was the second count in the
Indictment for the murder of Jennie Bosschieter.
was surprise to everybody in this city Prepa-
rations had indicated that the trial was going to
be more stubbornly contested than that Of Nc
Alister Campbell and Death, one of the evil
denoes Of this being the granting of an applica-
lion by the prosecutor for a struck jury How
ever when Prosecutor Emley explained his rea-
sons for accepting the plea OF non vult 10 the
lesser degree OF crime in Kerr's case Judge Dix
nm concurred with him.
When Judge Dixon appeared in the Circuit
Court TO try civil cases this morning the Prose-
cutor had a whispered conversation with him.
which Immediately followed by the cTder to
bring Kerr into the courtroom. The prisoner
looked worried and detected. Prosecutor Emley
then addressed the Court saying that Kerr's
counsel wished his client TO be permitted to re-
tract his former plea and to put in plea Of non
vult to criminal assault. Continuing Mr.. Emley
said:
Looking at the States case from a purely
legal standpoint, I hardly how / refuse
10 accept that plea. 1 lacking in proof
which would establish the presence OF Kerr in
saals saloon when the drug administered
10 the girl, and proof that he had any previous
knowledge of such purpose. / have no proof of
that kind that far as the States case is
concerned. Kerr came TO Saal's saloon and met
the other men there and found them in the
condition in which they were without any pre-
vious arrangement; that is, any prearrangement
looking TO that condition OF things although
from that time on he participated in all that fol-
lowed While that undoubtedly makes him
guilty Of the second count in the indictment,
yet I am not satisfied in my mind that the
charge of murder could be supported under the
law upon these facts II is in view Of these cir
cumstances that l have, with Your Honor's per-
mission, consented TO entertain this plea. ]
would not consider a plea of second degree even
II believed him guilty OF murder. ] would in
sIst on trying him for murder in the first de-
gree and asking for a conviction if were salts
fed he was guilty OF that crime
Judge Dixon said:
/ think you entirely right in your view
OF the law in the matter, and it was practically
case that there was not that evidence which
would lead to a conviction free from reasona-
bic doubt that this defendant was implicated in
the administration Of the drug which was the
cause OF the girls death and completely with
which was necessary 10 make this defendant
guilty OF the crime OF murder: and I therefore
do consent 10 the reception of the plea which
you have indicated which will establish
10 the full extent the guilt OF the defendant
Kerr was then called upon 20 plead. He an
swered, Non vult" John w. Harding. counsel
for the prisoner, made statement TO the Court.
supplemental TO the plea. explaining the circum-
stances which had induced him 10 advise his
client 70 take this course. He said:
frankly confess that 1 do not believe that
the defendant az this time could have trial by
an impartial and unprejudiced jury. During the
last three months the newspapers have been
gathering evidence, not about this case but
sbout the character Of the defendants, and they
have been painted in the blackest colors. Read
ing men have had these accounts before their
aF,H
Is so constructed that when these men are
drawn upon the jury, no matter how much they
may try. il is impossible for them TO forget their
hrst impressions The constitutional guaranty
and the old principles OF the criminal law
more OF a mockery and a sarcasm than real in
such circumstances.
Counsel for Kerr continued by saying in part
that Kerr and Campbell had attempted to get
away from McAlister after they met him in
Saal's saloon, where Jennie Bosschieter was. but
they failed TO do so Kerr at first, refused to
enter the carriage with the other men, but af-
terward consented to do so. He helped 10 lift
the sirl out OF the wagon and carry her to the
blanket on the ground, after which he left the
other men, and did not 90 back to them. This
IS the defence" counsel concluded-"Kerr did
not, actively with knowledge, aid or abet in
the commission Of any crime"
What Mr.. Harding has said" remarked Judge
Dixon may, perhaps, justify me at this point
In making a few observations. And first, in
regard to the jury who tried the associates of
this defendant and convicted them of murder
into the hearts Of the individuals who sat in
that box, but certainly nothing in their official
conduct indicated the slightest bias against
the defendants who We're on trial before them
for their lives They rendered a verdict which,
50 far as il not justified by the evidence
only failed Of justification because Of its eniency
/ the men whose lives they had in their keep
ing. My own mind, / say, was free from
any bias, free from any judgment formed upon
anything save the testimony adduced in court
and. with my conception of the law and the con-
Yiction produced by the testimony, my verdict
would have sent those men 10 the gallows; for
the crime of which they were guilty was one
which, from the beginning of English law TO this
day, has had fixed 10 IL the legal penalty OF
death, not Imprisonment. So that ] think that
jury is not justly 10 be charged with bias
against the prisoners"
Judge Dixon then said that he would impose
sentence on the four prisoners tomorrow morn
ing. The extreme penalty for the crime to which
Kerr pleaded non Vult cOntendere is fifteen
years in State prison and $1,000 fine, or both
The maximum penalty tilat be imposed on
McAlister. Death and Campbell is thirty years
In State prison Kerr much paler than
ne was when arrested. and he appeared 10 be
breaking down
Hugh Kerr. father Of George ]. Kerr. is eX-
pected 10 live over tomorrow. but his physician
holds out hope that he survive for two
days. He cannot take any nourishment volun-
tarily. Mr.. Kerr is about seventy years old, and
his present trouble is a general breaking up due
10 age. He was not informed to-day OF the ac-
tion taken in court by his son.
CLUBHOUSE AT THROGG'S NECK BURNED.