The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-01-17

PATERSON. y. J. Jan 1.-THE sum
ming up Of counsel, and Justice DiNon's
charge TO the Jury were the order for tc-
day in the remarkable trial Of William
!. Death. Andrew J Campbell and Walter
c. McAIister for the alleged murder of
Jennie BosscRieter by poison and i'll
trea tnent on the night of October IS last.
When the defence rested yesterday and
the three prisoners went back 10 their
cells and their alleged feIlow-criminal,
George J. Kerr, whose trial is yet TO come,
il WAS with 3 confidence that they thought
justified by the developments Of the day.
They threw of much Of the depression
thar had characterized their demeaLor
since Monday mor-ing and they talked
freely 10 all who were allowed TO approach
them. They were sanguine because all
three had gene on the stand. had testified
in their own behalf TO the story outlined
by the counsel, and none Of them had
broken down under examination
Nevertheless. before Campbell, the last OF
the three 10 testify yesterday had left the
stand Prosecutor Emley, by clever ruse,
had got before the jury the confession
Campbell had previously made to the de-
tectiyes This confession, as did Deaths,
related heinous acts. and cOnJradicted fiat
" IN every essential particular the testi-
mony which these men on oath and on
trial for their lives gave in court.
When court opened at 1:10 this morn
ing Prosecutor Emley offered in evi-
dence part of the garments which Jen-
ME BOsschieJer wore on the night Of the
alleged murder Ralph Shaw, assistant
20 The prosecutor made the preliminary
address in place of Mr.. EmEey. In stat
ing the nature of the verdict for which
the State should ask, ne said:
The law defines murder committed by
acts furtaering rape as murder in the
first degree" In the course of his
speeChc Mr. Shaw said further: 1t is
10 be presumed that Jennie Bosschieter
was yirtuous unless evidence is produced
to the contrary. There is no evidence
before the jury that she was anything but
an honest. hard working girl She was
IN good health and il Is not 10 be sup
posed that two OF three drinks would in
JUre her There Is not clear evidence
either as 10 what drinks she took on
the night in question.
Mr.. Shaw repeated as matter proved
the story which VI Emley said on Mon
day would be proved They are Il
equally guilty. said Mr. Shaw OF the de
PENDANTS. on the conclusion. they are al
principals. they ali abetted Their st0r
Of defence. the story of these good. kind
y men. was never told 10 anybody bu
counsel until II was told here. Agains
1t are the statements made by Campbell
and Death to the police Even if thos
statements were not Jrue. the con radio
ton between them and The story en- IL
stand IS important regarding the defen
dants' crediHiiity as witnesses. The Stat
is compelled 10 ASK for A verdict OF Inu-
der in the FIRST degree
Gir- Shaw spoke for less than Ea'
hour and his IlaGe before the jury va
taken by ex-Judgc Scott for the defense
Ir- Scott said that the story of The ,as
was sentimental one, made up of som
facts and some very long inferences- !
vas d story Of uneQuaIed atrocity if true
but no such crime had ever been commit
ted and the STATE was charging an IN
possible crime
LIZ. Scott assaiIed the first count in tn
Indictment saying that il charged Jha
the girl died from the commission Q
criminal assault and from that alone
whereas the evidence had shown tina
c minaI assault. alone a not caus
death. Here Justice Dixon interrupte
Mr.. Scott 10 say that the alleged admins
tration Of me drug would constitute par
OF the feloniouS act named IN the indict
ment- ,dr- Scott said that he would no
discuss that point and continued his argu
nent. and contended that as for the sec
ond count which charged murder by pois
on. it was necessary for the poison [
have been administered with intent [
kill in order to constitute murder in tn
first degree and for the persons who ad
ministered the poiscA TO have had know
edge OF It's dangerous character.