The Portland daily press., 1901-01-18

ia this mannerf Now as to that poor
hackman. What Kind OF man could he be
to stand by and see crime committed
Without Offering any interferenceS Why
Was be not indicted Before the coroner
he swors be saw nothing but here he tells
another story. He lied In one place or the
other. IL is on his testimony gentlemen
you gave got to convict these men OF
rape; his alone. This lying oabman's
story IL all there Is on this point.
"Now about the confession, You are
not going to hang q man on a confession
you did not hear from his own lips, but
only from officers who got the so-oallsd
confession from the defendants. There is
no other evidence OF rape. II there had
been could not the fact have been dis
covered by some OF the doctors who ex-
amiued the dead girl and also the two
post mortems, but not a word from either
to prove an assault and only the cab
mans story and the alleged confessions
OF Death and Campbell.
"Now as to Prof. Witthaus, what did
he find9 His ak tents all combined drew
the inference that there were i've grains
OF choral In one side OF the stomach and
i've grains In the other side. DIR.
witthaus told you enough choral had
been received in the body to kill. Then
again another chemist takes solution
from the drinks the girl had had In
Saal's saloon and found the same poison
Gus liquid as Witthaus found in the
.s.L n W4tthaua h.ar d thta 4aeti.
mony but he did not deny 1t.
The hope Of q conviction In this case II
anything rests entirely on circumstantial
evidence and does not commend itself TO
your reason"
At the conclusion Of Judge Scott's ad-
dress, City Counsel Michael Dunn legan
to address the jury for the defense. He
said:
"we have a great responsibility on us
In this oase, and It behooves us to rise to
the dignity of our position. to watch
cautiously the evidence. One Of the prin-
cipaI theories Of the state IL that there
was q combination or conspiracy between
the four men to do mp Jennie Boss
ohietter, take her to SAILS saloon, render
her unconscious that they might ravish
her. There lie no evidences of there having
been a previous engagement between
Campbell and Death, when they met by
chance in Meyers saloon.
"No statements by Campbell or Death
to officers given in the absence OF
McAllister can be used against tbs de-
endants and these statements are not in
the case. The testimony of the brother
and sister of Jennie, show she had no ar.
rangement to meet the three men, these
when she left home that
night.
HAfter Campbsll and Jennie reached
SAILS saloon, MoAlllster came. Camphali
had no money and his borrowing from
Death shows Campbsll was not out on
any kind OF plot or conspiracy. When
Kerr engaged the hack, be said he
wanted 1t for party of four. by this ne
meant McAllister and himself and the
two young women they were to meet that
night on the bridge. and not for the parry
Of I'VE including Jennie Bossohieter. I
they intended TO ravish the girl, II would
not have eeen necessary for them TO drive
for miles to do 1t, as there were many
places within fifteen minutes
drive from SAILS. They took that long
drive to give her air to revive her. You
may ask, why did they stop; because shs
was sick and she was made so by the
mixing of drinks"
When court convened after recess Mr..
Dunn resumed his argument. There was
no evidence, he said, that McAllister had
put anything into the girls drink. Abb
ordered by the girl herself, has
the same effect as choral hydrate. he
asked tho jury whether they would prefer
to believe Campbell's story extorted by
the police, or his statement on the stand.
Ii the jury cannot show that McAllister
put something in the girls glass, he said,
you have nothing on which TO hang q
There is nothing to show
that McAllister ever had the bottle found
In the room, or that he ever purchased
choral hydrate. Mr.. Dunn oontended
that no poison was ever given to the girl.
There was no evidence that the woman
had been assaulted and the hackman had
been unable to see any OF the actual 90.
currencss when she was taken out Of the
hack. Take the hackman out of the 3ase
said MIR. Dunn aud there Is nothing left
MIR. Dunn pointed out that the state had
but one witness to say the girl was
assaulted, while the defense
had six witnesses to say she was not.
This he said, was the whole point. He
planned that Jennie Bossohieter did not
die of poison.
MIR. Dunn denied that any motive could
be shown. The msn, he said, had not
acted az 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 tina standing and aga
OF the prisoners, MIR. Dunn made plea
for mercy and not vengeance and a calm
OF the consequences OF the
verdict instead OF yielding to the sway OF
passion.
when Mr.. Dunn closed, Mr.. Hoffman
asked that the court adjourn 80 that he
,vauId NOT hava IN haofn hts addraec ba