Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-18
THE DOSSCHE|TER CASE
IS NEARING CONCLUSION.
YESTERDAYS SESSION OF THE
COURT DEVOTED TO THE AR
GUMENTS OF COUNSEL.
PRISONERS WERE HOPEFUL.
BELIEVED THEIR STORIES TOLD
UPON THE STAND HAD INFLU-
ENCED THE JURY.

IAIEflOo1N, N. D., January ia
large crowd gathered around the coun-
ty court house to-day eagerly await
ing the close of the trial of Walter G.
McAlister, VIM. A Death and Andrew
j. Campbell, for the murder of Jennie
Bosschieter, a young silk mill employee.
1t was generally believed that YER
dict would be reached by the jury
before evening.
The accused men were apparently
more hopeful this morning than they
have been at any time since the trial
began. Before they were taken from
the Jail to the court room they talked
together ana seemed to entertain the
belief that their testimony of yester-
day 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
Prosecutor Ralph Shaw arose and be-
gan his address to the jury. He said
that a killing that occurred in the
preparation of a felony constituted
murder in the first degree. I'VE have
learned" he continued, that Jennie
Bosschieter was not quite Is years
old. She is entitled TO the
Presumption That She Was yir-
honest and upright girl. There is no
evidence to the contrary. Her phys
ical condition was such that she
must have been able to take two or
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 wit
nesses for the state.
In conclusion Mr.. Shaw said:
All the defendants are equally
guilty as principals in this crime. The
stories told by the defendants on the
witness stand proved miserable fail
ure as defense. Sucn defense is
worthy of no consideration. Their
story is to be weighed by what they
circumstances they told it, With these
facts presented the State is compelled
to ask you, putting aside all sympathy
but in the name of justice, for YER
dict of murder in the first degree"
Judge Francis Scott then began the
closing 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 unanimity
with which the community had accept
ed as true the published statements
that the death of Jennie Bosschieter
had been brought about through the
attempt of the accused to commit a
felony and of the difficulty of the jur..
ors divesting their minds of all pre-
JUDGE. 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, as alleged in one count of the in
dictment, the accused men would be
guilty Of murder; but he denied that
proof of the allegation had been sup
piled by the State. The other count in
the indictment charges murder. IT,
said counsel for the defendants, it
were attempted to prove that the girl
had died of poison, it would be for the
State to prove that the poison was
given with intent to kill. The com
mon law, he declared, was superior to
4I-s-
serted the superiority Of the common
law principle as against the State stat
ute which says that If death results
to an innocent person in the attempt
of another to commit a felony the lat
ter shall be deemed guilty of murder
In the first degree.
The case of the State, Mr.. Scott as
serted, was made up of circumstan-
tial evidence.
He Alluded to Jennie Bosschfeter
as a girl foolish and vain. though not
necessarily vicious, who was under no
control, who was In the habit of be-
ing out late at nights, though only Is
years old. On the evening Of Octo-
Der IS, counsel said, she willingly
went with two men. one of them mar
ried, to SAILS saloon to carouse.
Mr.. Scott assailed the testimony Of
the hackman, Sculthorpe. II he stood
by and witnessed the preparation of
such a crime as he described. without
a word of remonstrance he was as
guilty as the men who committed the
offense. Before the coroner Soul
thorpe 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 de-
PENDANTS Campbell and Death to the
police officers Mr.. Scott declared was
not relevant having been merely
heresay so far as the jury was con-
cerned.
Had There Been an Assault.
as alleged, Mr.. Scott said the fact
would have been shown in the evil
dence Of the doctors who examined
the dead girl or Of those who per-
formed the autopsy.
Cousel for the defense next at
tempted to destroy the value OF the
evidence of Prof. Witthaus as to the
finding OF hydrate chloral In the
stomach Of the dead girl by citing
the testimony Of other chemists that