The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-13

NOT GUILTY But INSANE
Abrupt Termination of the
Trial Of Marks for
killing Sauerbrei.
MENTAL WEAKNESS CONTINUOUS
Therefore Judge Lippincott Con-
dsms Him to an Asylum-Evi-
dsncs for the Defence.
MENTAL WEAKNESS CONTINUOUS

on May 2l. came to an abrupt termina-
ton shortly after noon today. After the
defence closed Justice Lippincott Suggest
ed that the State might be asked what
degree of crime 1t proposed to ask u
conviction for. Senator Daily made the
request in accordance with the sugges-
ton. Prosecutor Winfield said that, al
ter hearing the testimony, he was con-
WINGED that the defendant was insane at
the time he. committed the crime ana
the State was willing. therefore, that the
Jury should find a verdict of acauittal on
the ground of insanity. The defence ex-
pressed its Willingness to accept that
verdict.
Justice Lippincott said the Court 1eit
thai a court of review would not sustain
a verdict of guilty. and that the State
was therefore. justified in its position.
He directed the jury to render that YER
dict unless the jurors had some serious
objection. If the jurors had any oe1ee-
ton h did not mention 1t When eieth
Lees called the roll. The jury was
polled and each one IN tunn'
mot guilty On the ground Oh lnsanh.y'
Justice Lppineott announced that un-
der the statute the Court oeciareo .ne
insanity continuous and SAID tna' me
prisoner would be remanded ana commit
ted to, some insane hospital OF, asylum
Marks did not display the slightes. emo
ton. The only evidence ne gave Ina. ne
realized what was going on was wnen
Justice Lippincott said:-'rhe prisoner
may be r~emanded." Marks jumped up
and hurried over to the constanle VINO
was in charge of him as If he was ahA-
ious TO get away from the scene.
1t was thought that the trial winch
opened on Monday morning in the oyer
and Terminer Court would be hhlsheo
Yesterday afternoon, but the oefence pro-
drced so many witnesses to testMs Ina
they had known Marks for years anu
that they always considered MIN weak
minded and irresponsible, that the case
was prolonged. Marks still maintains
the same air Of utter Indifference 10 tne
PROCEEDINGS that he has assumed from the
beginning.
Morn of the witnesses called yesterday
were sxperts on insanity. They were al
peopss who have known the defendant
and their testimony was simply the I'M
preston they had formed Of his mental
caIibre from observation of his action
and behavior.
Jeanne B. Williams, the soe1enoaifl >
half sister, who had been a witness LOT
the State, was the first witness called al
ter recess yesterday for the defence MIS-.
williams lives at No. 161 Orchard street,
El,zabeth. She testified that her half
brother had a habit of talking to himsell.
He was very visionary. He would often
laugh at mental images which he formed
himself. He was extremely unsoclapie.
There were hours when the witness con-
sidered him not rational. .
On crosS-examination Mrs. Williams
said that there were hours when she con-
sidered the defendant countabi Ior ms
actions. He was very excitaDle, ana mac
him threaten that he might infiict injury
on somebody. In August, 1856. she had
heard him threaten 10 shoot somebody.
on his .stepmother. The witness had
heard him say, Il could shoot Day ike a
dog" He was referring to Lawyer WIN,
fam T.. Day of NeWarK whom ne nao
consulted in regard to his share in his
fathers estate.
Sarah lane Kennedy, of No. 44 West
that she had known Marks since he was
three years old. She had the care or him
when he was young. His mother acted
peculiarly and gave the witness the I'M
preston that she was not in her right
mind.
Well sir" replied the witness with some
deliberation. II consider myself forty
three, l might be more or l might be
less.
Thomas Snowden of No. GIL Summit
avenue. was called to show that the
defendants mother was queer and erratic
The witness was a member OF a eiass IN
established in his house Sometimes when
the GLASS was in session Mrs Marks
would come into. the room and turn out
the lights, saying that there were too
many young men there. AS soon as
she left the room the lights were lighted
again and the lesson resumed.
Newark, was an amusing witness. he
testified that Marks had a room in his
house for three years. He always acted
else in the house. He used to sit for
hours thinking and looking fxedly at
nothing particular. The witness con-
evidence Of that he said that Marks
always trusted him with all the money
matters between them.
DO you consider that an eyidencs OF
insanity?" asked Prosecutor Winfield on
cross-exanination.
eyes SIR replied the witness.
That's it eh?" remarked Mr.. Winfield
amid a general laugh In which even Jus
tice Lippincott could not refrain from
Joining. -.
money!" continued MI. Winfield.
..Ycs SIR
And on that you base your bellef rnaf
he didn't know the difference between
YES. Sir. / take my oath on that"
Mrs. Heath. the wife of the previous
witness. testified that Marks. while he
was in her house. acted strangely. He
was acting very unsoefable. She might
meet him on the stairs two or three times
q day and he wouldn't speak to her.
"You don't keep a house for boarding
7nnaticS, did your asked Mr.. Winfield.
II should say I don't" replied Mrs.
II>- EtA
Then you didn't consider Marks a luna
tic. or you wouldn't have kept him, would
mo, but thought he was not right in
his mind"
Joseph C. Dnlgey. II restaurant keeper
in Newark testified that Marks ate in his
restaurant on an average of three times
Oueeriy. He would make faces, grit his
teeth n Scowl. He never saluted the
witness when he entered or left the res
sHs ordered his meals like a sensible
man, didn't he?" asked MI. Winfield.
AYbs SIR"
.1ts them Is q sensible man2n
PAID for chem like a sensible man?"
"YAs, siv." Xg
That's all"
Matthew ConkIkn testified that he
bought some s~tsp-ladders from Marks
Marks got in Conklin's wagon to &c
and get tho ladders. On the way Marks
bsgan to talk to himself about beins
swIndled. The witness was afraid ht
would jump out. OF the wagon and caugh1
hold OF him.. Ha acted liks a crazy
man.