The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-11
THORN'S RESPITE.
The Sickness of Juror Lar
sen Causes the Delay of
the Trial for a Day
FIERCE COUNTER CONFESSION
Monster Will Assert That Mrs.
Mack Did the Shooting and
Butchering Herself.

The trial OF Martin Inorn WHICH &c
cupied the attention of the public gem
orally and the criminal branch of the
Supreme Court of Long Island City IN
particular for the last three day may be
discontinued for an indefinite perlod
owing to the Hines of juror. No. =,
Mangus Larsen.
The trial was adjourned early last even
ing until $3.50 this morning on account of
Larsens sickness, but at that time the
doctors who examined the juror thought
that he was only suffering from slight
stomach trouble and would be able 10
attend court this morning.
After Larsen, with the other jurors, ar
rived at the Garden City Hotel last night
it was discovered that Mr.. Larsen was af-
ficted with appendicitis, and his condi-
ton was so serious this morning that ply
sicians who are attending him would not
allow him to leave his bed.
This being the case, the Sheriff did not
bring up the other eleven jurors today,
and reported the facts to the District At
torney.
At half past nine O'Clock the court room
was crowded with several hundred men
and women who expected to hear Martin
Thorn refute the testimony which Mrs.
Mack gave so dramatically yesterday, but
they We're doomed to disappointment
Judge Methyen brought Thorn into the
court room at half past nine, and the
prisoner did not look any the worse for
his ordeal of yesterday.
Judge Smith opened the court few
minutes later, and District Attorney
Youngs informed him of.the serious con-
dition of Juror Larsen
A doctor who had just arrived from the
sick mans bedside said that it would be
impossible for Larsen to attend today,
but probably he could attend tomorrow.
With the consent of the lawyers on both
sides, Judge Smith adjourned the court
until $50 tomorrow.
The sickness of Larsen brought up
discussion amongst those interested as to
what would be done in case that the
jurors illness would be protracted.
Would the people go on with the case
with IL jurors?'' was asked Lawyer Will
lam F. Howe, who is fighting so hard for
Martin Thorn. He said the case remind
ed him of a similar one which occurred
in New York some years ago. This was
the case of an italian named Cancemi,
who shot and killed a policeman in
Broome street, New York. During the
Italians trial for murder one of the jur
ors fell sick and there was a prospect of
a long delay. The people as well as the
defense were anxious to hurry the trial
and the District Attorney, for the State,
and the defendants lawyers agreed to
= proceed with II jurors Cancemi was con-
victed and sentenced to death. An appeal
was taken on account of alleged irregu-
larities and the decision reversed. The
Court of Appeals stated that neither
counsel for the people or prisoner could
waive the constitutional rights of the ac-
cused man, which called for trial by
jury of u men instead of II.
Cancemi case took place in 1857
When one of the reporters asked Mr..
Howe if he would consent to the trial of
Thorn going on with eleven jurors, he
laughed and said: Il would consent read
lily enough, but the Judge would censure
me and very properly would ask if 1 ever
read the law on the subject
District Attorneys Youngs was asked
whether in the event of the death of the
sick juror he would press for a new jury
and proceed with the trial during the
present term. He replied that he would
require to consult with his associates be-
fore answering such a hypothetical ques-
ton.
'very harmoniously so far as the case
has gone and we will not be at logger
heads if such situation should arise. 1t
is my opinion, however, that in the event
Of a new juror being required, an entirely
new jury would be drawn and the case
pushed during the present term
How long will the term last and how
long would it be necessary to wait for the
recovery of LarSen?''
To these questions Mr.. Youngs replied:
"Both of these matters are in the dis
erection of the Court
After court adjourned Mr.. Howe and
Mr.. Moss had a brief talk with their
client, Thorn, before he was taken back
to his cell. Later, Mr.. Howe outlined
his proposed plan of defence, which he
has been compelled to adopt owing 10
the confession of Mrs. Mack.
Thorn will take the stand tomorrow,
said he. HE will testify that the muir
der was conceived and plotted and plan
ned by Mrs. Mack. We shall prove that
she wanted to get rid of Guldensuppe in
order that Thorn might take his place
Thorn will state that when he got into
the cottage at Woodside, on June %, he
found that Mrs. Mack had shot Gulden.
suppe and that it was she who SAID,
have killed him. In other words, Thorf
is going to tell the whole truth about
it. absolutely the whole truth, said Mr.
Howe, with very dramatic gesture
''Will Thorn testify that Mrs. Mack tool
away the head, or will he state that II
was he himself who threw it into the
riyer?, yer :, Mr.. Howe was asked Isl ,on,
and then replied
wait till we have got Thorn on the
stand tomorrow. he will tell about it.
Lawyer Joseph F. Moss, who is asso-
ciated with Mr.. Howe in the defense OF
Thorn, was asked IT, in the case of new
trial being ordered, would the defense
accept an offer from the people for plea
of murder III the second degree from
Thorn.
Certainly not he replied. I'VE would
epuin such an offer.
When this was told to District Attor-
ney Youngs he said that it WAS too ridic.
ulous and unworthy of moments at
leution.
District Attorney Youngs and Judge A
n Weller, who have charge Of the case
for the people, held conference today
with Judge Wilmot N. Smith. They were
closeted for nearly an hour and after they
separated, Judge Weller said the prose
cution had adopted the following pro
gramme:-
IF Juror Larsen be not sufficiently re
covered to attend to his duties in ths
Jury box tomorrow lFriday), the people
will ask for an adjournment until Mon
day, and them II, in the opinion of thu
physicians, the juror will not have sufH
ciently recovered, the District Attorney
~xei11 -o7t 511rill