Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1901-01-18

ed. If that We're true the defendants
would be guilty of murder in the first
degree, according to the provisions of
the law. The fact that the woman
died from the effects of rape is not
in this case.
The second count is a general one.
charging The murder of the girl any
KIND OF murder may be proved. The
state may try to prove that she was
Killed by poison. 1t is important to
know whether the poison was given
with intent to Kill or not The law does
not state that it must be premediated
to Kill to be murder in the first degree.
AS | understand the law. if the girl
died from the affects of poison 1t must
have been given with wilful and pre-
meditated intent to kill to murder in
the first degree. The statute says muir
der but that is common law.
That also requires knowledge of the
dangerous character of the drug. SO that
the state rested in that dilemma and
there IS nothing to sustain the claims of
the prosecutor. There are two sides to
every story. The girl went willingly with
the men, ara one a married man. to
SaaIs saloon to carouse. The girl was
not necessarily wicked. but foolish and
vain. Are you not astounded by the fact
that this girl had cocktails. absnthe and
champagne. this girl not quite Is years of
age, yet drinking poison IN this manner?
Now as TO that poor hackman. What
kind OF man could ne be 10 stand by and
see crime committed without offering
any interference? Why was he not in
saw nothing, but here he tells another
story He lied in one place or the other.
II IS on his testimony. gentlemen, you
have got to convict these men OF rape,
his alone. This lying claimants story is
all there is on this point
Now about the confession. You are not
did not hear from his own lips, but only
from officers who got the so-calIed CON
fession from the defendants. These Off
GERS took the defendants into n room
where there Were three revolvcrS on n
able. What was the condition Of these
young men? They knew the girl had died
on their hands. Are you going TO convict
them on what these men say they told
them? there is no other evidence OF rape.
If there had been. could not the fact have
been discovered by some Of the doctors
VINO examined the dead girl ana also the
two poStmortems2 But not word from
either 10 prove an assault and only the
claimants story and the alleged confess
SonS of Death and Campbell.
Now as to Prof. Witthaus, what did he
find? His six tests all combined drew the
Inference that there We're five grains OF
Chioral in one side of the stomach and
five grains i'm the other side. DR. Witt
haus toId you enough chloral had been
received in the body TO kill. Then again
another chemist takes a solution frums
the drinks the girl had had in SAILS sa-
loon and found the same poisonous liquid
as Witthaus found in his stomach DR.
Witthaus heard this testimony but he did
not deny ii.
The hope of n conviction in this case
if anything. rests entirely on circumstan-
tai evidence. and does not commend itself
10 your reason. You must decide the case
on the evidence Of those whom YOU be-
lieve to have told the truth. | have tried
to show you the 1imsy kind OF evidence
that was given you. and hope to gain
a verdict.
At the conclusion of Judge Scott's adj
dress. city Counsel Michael Dunn began
to address the jury for the defence. He
said:
We have great responsibility on us in
this ease and il lehooVes us to rise to the
dignity Of our position, to watch eau
tiously the evidence. one of the princi
pal theories of the state is that there was
n combination or conspiracy between the
four men to do up Jennie BoSSchieter
take her to SAILS saloon. render her un-
conscious that they might ravish her
There is no evidence of there having been
2 previous engage ment between Campbell
and Death, when they met by chance in
Meyers saloon.
mo statements by Campbell or Death
to officers given in the absence Of
=
ants. ana these statements are not in the
case The testimony of the brother and
sister Of Jennie show she had no arrange
ment to meet the three men. these de-
PENDANTS, when she left home that night
After Campbell and Jennie reached
Saal $ saloon, McAliSter came. Campbell
had no money and his borrowing from
Death shows Campbell WAS not out on
any kind of plot or conspiracy. When
Kerr engaged the hack he said he wanted
i for party Of four by this he meant
MCAlister and himself ana the two young
women tney were to meet that night on
the bridge, ana not for the party of five
including Jennie Bosschieter. If they in
tended to ravish the girl it would not
have been necessary for them to drive for
miles to do it. as there were many con-
venent places within Il minutes drive
from SaaIs. They took that long drive
to give her air to revive her. You may
sick ana she had been made so by the
mixing of drinks
When court re-convened after recess
Dunn resumed his argument. There was
no evidence, he said. that McAlister had
put anything into the girls drink. Alb
sinthe, ordered by the girl herself has
the same effect as choral hydrate. He
asked the jury whether they would prefer
to believe CampbeilS story eXtorted by
the police or his statement on the stand
If the government cannot show that Nc
Alister put something in the girls glass, .
he said, you have nothing on which to
hang conviction. There is nothing to
show that McAliSter ever had the bottle
found in the road, or that he ever pur-
chased chloral hydrate.' Mr. Dunn con-
tended that no poison was ever given to
the girl. There was no evidence that the
woman had been assaulted and the hack
man had been unable to see any of the
actual occurrences when she was taken
out of the hack. Take the hickman out
of the case. said Mr.. Dunn, and there is
nothing left.
Mr.. Dunn pointed out that the state had
but one witness to say the girl was Grim
inally assaulted. while the defence had
six witnesses to say she was not This,
that Jennie Bosschieter did not die of
poison
Mr.. Dunn denied that any motive could
be shown The men. he said. had not
acted as criminals and no criminal act
had been shown by the state. The men
had simply done everything possible to
revive the girl.
After dwelling on the standing and age
of the prisoners. Mr.. Dunn made a plea
consideration Of the consequences of the
ver"ct instead of yielding to the sway of
passion.
When Mr.. Dunn closed Mr. Hoffman
asked that the court adjourn so that he
would not have to begin his address be-
fore morning. This was agreed upon. He
will be followed by MIR. Finley with the
closing argument for the state. 1t is ex-
pected the case will reach the jury in the
mid-afternoon.
viii. Friday. print the following: The first
steps in the formation of $4,000 90
combination of four existing steel and
wire companies We're take n Thursday ut