The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-11
LIFE FOR A LIFE.
James Marks Placed on
Trial for the Murder of
Michael Sauerbrei.
scRAPPlNG OVER THE JURY
Prosecutor Winfield Tells the
Story of a Terrible
Tragedy.
SCRAPPING OVER THE JURY

James Marks looked thin, niagara anu
worried when he was brought INTO lhe
Oyer and Terminer Court this morning 70
be tried for the murder OF Mfchaei =.
Sauerbrei in Bayonne, on May z, OF this
year. Senator DAILY and ex-Judge Noohan
appeared for the defendant, ana theie
were several delays in opening the case.
Justice Lippincott and Judge huospeei
were on the bench. Prosecutor Wiiliieio
called the list of witnesses Tor the olaee
three times, and then a~nnounced that the
State was ready.
The list of the special panel OF forty
eight jurors was called, and it was founu
that several of them were engaged IN
other cases. This caused the irst DELAY
and, Justice Lipincott ordered the ist oi
causes called with a view OF taxing up d
short case to keep the Court mosihs
while waiting for the jurors. The jurors
finished their other business sooner than
was expected, and Prosecutor Wlnleio
moved the trial.
Senator DAILY challenged the array o.
jurors on the ground that a new panel OF
jurors had not been called on the secondd
Monday of the term, ana every see ~
Monday thereafter, as required by the sla-
tute of 1897. Neither had an order peen
made by the Court directing the sheriA -
The Court record was produced. and it
was found that an order had been mace
by Judge Hudspeth continuing the panei.
Senator DAILY maintained that the oTder
expired by limitation today. JusIlce Lip,
pincott held that there was nothing 10
Ip aSse an the ov v9pui frf the c challesge.
Ex-Judge Neonan move for the con-
tinuance of the case for a nontn; r. be
insanity, n on Saturday last he had re-
ceived a letter which led him to believe
that he could obtain evidence that the ae.
fendant'S mother was insane. me ietteI
was dater October 4 and was written by
a woman named Hoy In New YORK 70 q
woman named Heath in Newark. Justlce
Lippincott refused TO grant the postpone
The following jury was selected after a
number of challenges had been inter-
John MCGOWAN, James Perins, James
C. Mc1ugh. John Briody, Herman van
Bussum, William 7. Markham, Ilmot4y
Murray, William WldIneri S am Bradv.
Matthew Moran.
It was ten minutes after noon when
Prosecutor Winfield delivered ms openlils
address, relating the story of the crime.
The father. of the defendant, ne Salu,
died in Bayonne, and his VIII devised one,
half of his property to the d~efendant anu
the other to the defendants hail sister,
both subject to a life interest in the es-
tate. held by the elder Marks WIDOW. Inc
defendant got the notion IN ms heao u
some way lldL ne WdS -cAtAlSo
property of his father. Sauerbrei leased
the house No. 166 Avenue D, from the ex-
ecutor of the estate, and kept a little Gen,
cattessen store there. Marks, VINO mao
no special love for work, went to Sauer-
brei and demanded the rent. Sauerorel
refused to pay him as he paid the rent 10
the executor. Marks was heard 70
threaten that he would fix Sauerorel II ne
didn't pay him the rent. He was also
heard to say, This man won't hve long.
I'll remove him." seemingly quoting tne
words of Guiteau
on May q Marks came from Newark 70
Bayonne, and went into the store through
the front door on Avenue D.. SHORTY pc
fore he arrived Sauerbrei had been romp-
ing with one of his children IN the paek
room. and he went out to the store 10
make a ham sandwich. The bread ana
ham were under the counter. After tne
tragedy the ham and bread were Iounu
ON top of the counter Nobody saw the
defendant come to the place: he was no
seen until after the first shot had peeh
fred. He was then seen at the front ooor
and was backing out OF the room Wltn
the revolver in his hand. Marks was Just
outside of the door and Sauerorei was JUST
inside of It with a knife in his hand. the
second shot was fired at that time, put
what became of the bullet has not peen
learned. The police have not peen ape
to find it. Sauerbrei went back into the
room. Marks pulled the front door 70 ano
locked it. He was walking away When ne
was captured. S~auerbrei went out OF the
back door and into the alleyway, where
he collapsed. He died on the way 10 the
hospital. 4,
Architect L. Fl. Broome described a Ola,
gram he had made of the premises, ana
was on the stand at recess.