Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-11-13
GIVEN 80 YEARS.
CONTINUED from page ~
NEW JUaY FOR THORN.
The Old Jury Discharged ard New Trial Will
Commence, Nov. 22.

New York, Nov. 12.-Judge Smith ar
rived at the court house at $50 O'Clock
and a quarter of an hour later h.
opened court. The II jurors had al
ready taken their places in the box ant
Martin Thorn was in his accustomed
seat Immediately behind his lawyers
He seemed to be more interested in tn,
proceedings than on any day since tn,
trial began.
DR.. Burnett was called to the stand
and testified that Juror Larsen would
not be able to attend court for at leas,
a month. AS soon as the physician had
made this statement, Judge Smith said
Il think the jury ought to be dis
charged
Mr.. Youngs turned to Mr.. Howe and
the latter addressed the court. III
your honor pleases," said he, nearly
all the evidence is in and the case is
nearly finished. If your honor should
not conclude that it would be proper Ia
adjourn for a month, then I have this
suggestion to make.
That the II jurors be retained, that
an additional juror be impanelled to
make the constitutional II and that
then by my consent and the consent of
the district attorney and by the order
and with the appreciation of the court,
the evidence be read. so that the II or
new jury could listen to it and hear it.
l think that would save time. ! put
myself on record as agreeing to that.
1t is just as legal to read all the evil
dence in this way as it is to read two
or three lines
District Attorney Youngs arose when
Mr.. Howe had concluded and said !:
Your honor. equally with my friend.
Mr.. Howe. / wish 10 conclude this bus
mess as early as possible. At the same
time l would like some time to exam
inc more authorities on the subject"
Judge Smith-How long would you
like. Mr.. Youngs?"
The district attorney--"We have a
good library here. but as your honor is
aware. law books cannot be examin-
ed very rapidly. / would suggest an
adjournment til O'Clock The court
then ordered a recess until that hour
When court reconvened. Nj.
Youngs said that after carefully
considering the suggestions made
by Mr.. Howe. that he and his
colleagues had decided not to accept
the suggestions and would respectfully
prefer that the jury would be ds-
charged and a new panel ordered.
The court agreed TO this and dis
charged the jury. Mr.. Youngs asked
that the new trial be proceeded with.
next Monday. but Mr.. Howe asked for
q longer adjournment. After some dis
cussion. Judge Smith decided that a
new panel should be called at once
and in difference to NJ. Howe's re-
quest, he set the case down for trial
Oh next Monday week, Nov. 22d.
DIR. Burnett. one of the three physi-
clans, who are in attendance of Mag
nus Larsen. the juror whose sudden i'll
ness upset the progress of the Thorn
trial. telephoned to Sheriff Don't. this
morning, regarding his patient. Lar
sen." he said. lis doing remarka bly,
well since the operation was perform
ed. last evening. The operation was
wonderfully successful and the juror
passed good night. as he slept COM
fortably. He will be unable to leave
his bed for several days and conse-
quently cannot resume his duties as a
Juror for an Indefinite period "