New-York tribune., 1902-04-16
VAN WORMER TESTIFIES
DID NOT INTEND TO KILL UNCLE
"ONLY WENT THERE FOR FUN"
DEFENCE IN MURDER CASE is THAT THE
KILLING WAS UNINTENTIONAL
AND UNPREMEDITATED.

Hudson Y April 15-The prosecution rested
it's to-day in the trial of Willis, Burton ana
Frederick Van Wormer for the murder or thelr
uncle Peter A. Hallenbeck. Christmas Eve last,
after Harvey Bruce. who testified yesterday as to
his part in the case and against the defendants
had been cross-examined and motions to instruct
the Jury for acquttaI had been denied
Ex-Judge Cady asked for the written confession
of Harvey Bruce for use in cross-examination. The
prosecution consented to have it read to the jury
but declined give up for use in cross examna-
ton
Burton Van Wormer was the first witness for the
defendants after the opening address of Ezra ID.
DeIemater. He indicated that the line of defence
would be that the boys went to the Hallenbeck
house for frolic and that the killing vas unin-
territorial and unprecedented.
Burton Van Wormer. after giving his age as
twenty-five and telling os his relationship to Hal
lenbeck, testified in part as follows:
On December "A we talked about ride We all
talked about whether we should go to North Chat-
ham Gnse p & dd d mot NOT haTe o any Pre ad
one. borrowed pistol from Bower l hired hired a
m e 3e house osesr had y PISTOL
me. Bruce did not ask at any time where we were
gfng g M o7ebaTd s knf~ Wits and Bc g out
some people in the Hallenbeck house
WENT TO HAVE SOME FUN
We then turned our coats inside out. put masks
russet shoes that night The shoes which saw IN
house told the boys for all they did not to shoot
any one. / went up the stoop first had my re-
at the door When IL was opened , my % uncle S saw ",
our our ace He He said beG % and amd We red and ID
my revolver was discharged. 1t was short strug-
tbat PIs time As broke away nv uncle again struck
My revolver was discharged by myself four
saw uncle get his gun when en- was IN so1s the
sitting room said Cor or s1oq Ed otbh S6f
fred did not see any one fire az Mr. HaIenbsck K;
the house only short time when 1 yelled to the
boys to heard some shots fired My broth
ers were then near the door. did not take Bruce
pistol from hm a qgt n qf r5 he for y
house that night I TO where the horse was
l went to the Hanenbeck house TO have some
fun and did not there with any other intent and
Shot at my aunt. I know Annie Althiser. but did
not tell her / would Kin my uncle. did tell
closed the mortgage II had not been foreclosed in
fatedistr sale took place at the courthouse and
l had any trouble with him.
DID NOT KNOW UNCLE WAS KILLED
We drove at fast trot away from the house.
Church's Hill No shots were mentioned by my
brothers en h had did b not m F nnTse mgt
Uncle Peters March for many nights There
bout Tas 6 of the Morse bs The bs
were In Mr.. Farrars hands for collection and the
We Went to uncle's to give him a surprise, When
ran from the house heard pistol shots !s behind
when last saw him, was excited having become
so the scutfle with Uncle Peter. who struck me
hold OF him short time, and tried to break away
from him. He had his hands on my throat and
held my wrist when my revolver went off. did
not see any blood anywhere at any time. | did
not see any shoot at any point. We turned
coats inside out and wore masks so that he
would know 1 fired four cartridges while
/ was in the dining room. 1 cannot tell what I
fired at / heard at noon next day that Uncle Peter
know whether he fired not.
Van wormers brothers will go the stand after
his testimony is completed