The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-13
WOULDNTLETTHEM PLEAD
THE LEGAL FIGHT FOR THoRN AND
MRS. NICH BEGUN.

Lawyers Deny the Jurisdiction Of tho New York
County Grand Sury which Indicted the AL
Legged HHurderers - Argument on Their Do
nurrcrs TO No Heard To-Morrow Week.
Martin Thorn and Mrs. Augusta Mack, who
were jointly Indicted by tho Grand Jury last
woek for the murder of William Gioldsonsuppo,
the bath rubber, wero nrraigned in General SEES
sions yesterday before Judge Newburger. Tho
courtroom was crowded. Thorn appeared first
at the bar. lie was calm and smiling as on the
occasion of his first arraignment. Mrs. Mack,
too. seemed perfectly sclf-possossed as she camo
in tanning herself vigorously. Neither OF tho
prisoners was allowed to plead, the counsel for
each putting in q demurrer to tho Indictment
Lawyer Howe, In behalf of Thorn. mado an
application TO inspect tho testimony taken bo-
fore tho Grand Jury upon which the indictment
was based. He insisted that Thorn was enti-
tied to know what this testimony was. Deputy
Assistant District Attorney Rosalsky opposed
the production Of tho minutes and Judge New
burger denied the application. Thorn's counsel
thon filed a demurrer upon tho grounds that the
Grand Jury that found tho Indictment had no
right to inquire into the crime, which was COM
mitted in tho county Of Queens, out Of the juris-
diction Of New York county; that the indict-
ment did not conform to the requirements Of
law because District Attorney Olcott had not
signed 1t. and finally because moro than one
crime-conspiracy in New York and murder in
ogssni u oountymis charged h go MT n ths indictment 4 a5.n l..
manded to sec tho testimony taken by the Grand
jury, and upon receiving a denial put In a de-
eronnds i cited eSF in oi Tborn's be beh sff but SR i made sD the
additional. point that the facts set forth In the
indictment did not constitute q crime District
Attorney Olcott came in just after Mr.. House
had attacked the manner in which tho indict-
silence.
Judge so Ne Newburger ass ed the bearing of srsu.
announced that counsel for tho prisoners will
argue. that both prisoners should haye had an
Fismmer in the nS Masistrste's court, and before
the matter was submitted, to the Grand Jury,
but t%s y will try d 70 , upset Il the ,r indict%en sS chiefly on
jurisdiction whore q crime. Is committed partly
Apply Pho i SO she Killing fRa p ea disl in nsG1hsr docs not
Mrs: Mack complained after she was remanded
said. was in the care Of Acting inspector o'Brien
wanted i TO buy food, as the fare served in the
prison did not agree VII heri Mrs. Mack also
smoking that some Of the women prisoners in
dulged in. Acting, Inspector o'Brien said yes
terday that ho had turned Mrs. Nack's money
James Smith died suddenly at his home, soe
East SinSty.th 4 street Of heart ars disease yester:
Thorn is alleged to have confessed that he muir.
smith. G's'p pofieemPaPH in s she East E EFT y9hs Il
street squad. His wife survives him.
Another crank with an idea TO give away has
made his appearance in the case. Yesterday
Magistrate Flammer received the ollowing I'M
signed letter in his mail at jefferson Market
Police Court:
DEAR SR-By wishing TO discover the murdered
mans head l will inform you what 20 do rs a Jewish
belief. Take a black bread; bore q hole In the centre
large enough for a candle to stay In. light It and put
1t In the water or river where &c wal thrown in. It
will noat at nrst, and wherever II stops search for
the head: 1t will certainly be discovered. Yours,
resp.
Magistrate Flammer sent the letter to Acting
Inspector OBrien.
The four police launches continued the work
Of graphing for Gieldsensuppc's head yesterday.
They dragged the river bottom from East Thirty
fourth street up to East Ninety-second str Get,
and will continue their operations to-day.