The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-30
BOTH REFUSED TO PLEAD.
rRs NAOK,S AND TH0RN,s LAWYERS
DENH THE COURTS JURIsDIOTION.

SaaEe NewsurEer orders . Plea Of "Nst
Guilty to Ne Entered for Each Prisoner
No Time set Tor Triai-rmpression that ut
May ne MAD In Queens County AFTER All.
Martin Thorn and Mrs. Augusta Mack, 40
cused Of killing William Gieldsensuppe, were
taken before Judge Newburger in Part l., Gen.
eral Sessions, yesterday to plead to the indict-
ment OF murder in tho first degree. Tho counsel
of tho accused, Howe g. Hummel and Friend.
House g. Grossman, refused to allow thom to
enter q plea of any kind, still sticking to their
position, despite the ovorruling OF their demur-
rer, that tho case is without the Jurisdiction Of
the courts Of this county. The Court therefore
ordered the clerk to enter q plea Of not guilty"
In each case.
The two prisoners were brought into court
shortly after 10 O'Clock. Mrs. Mack was moro
gorgeously dressed than ever. She wore n rich
black silk dress that had very large sleeves, and
O very chipper little bell crown straw hat, The
only difference In Thorn's appearance from tho
time when he was last seon in court was that no
had grown quito a respectable beard. Both
seemed we'll and happy. but all the time they
were in court thoy did not speak nor oven look
at each other.
There was but q small crowd in the COURT
room when Clerk Hall called out:
Martin Thorn and Augusta Mack to the BARI
When the prisoners appeared Lawyer Howe
said:
"Your Honor, / wish to express in court my
| heartiest qualification at your Honor's decision
on the demurrer. I shall be delighted to try this
case In this court. But as to tho plea, We stand
mute to tho charge,
Enter a plea of mot guilty" said Judge
Newburger.
Thsn Lawyer Fred B. House arose with q
paper in his hand and said:
81 wish to enter this as my ploa."
Tho paper proved to be no plea at all. but
merely a repetition of the demurrer. 1t said:
Tho defendant. Augusta Mack. through her
counsel, Friend. House &C Grossman, doth
'"First-That tho said Indictment does not con-
form substantially to the requirements of SEQ.
lions 275 and 276 Of tho Code OF Criminal Pro-
"Second-That the said indictment charges
moro than one crime within the meaning Of Soc
tions 27S and 279 of the Code Of Criminal Proce-
"Third-That the facts stated in said indict-
ment do not constitute a crime.
and not within tho city and the county Of New
Of the Court Of General Sessions Of the Peace in
and for the city and county Of New York. or in
any other court having jurisdiction in said city
Judge Newburger informed Mr.; House that it
reeor no pl snd nj Mr ne H TSsta r S,ioM as TO to f mako Ga a snS
of " not guilty for Mrs. Mack also. When this
was done MI. Howe asked when the case would
be put on tho calendar.
Tho question is entirely improper at this
time" said the Judge.
II wish to inform the Court" said Mr.: Howe,
in his unctuous. blufing tones, that I am
ready to proceed with the case to morrow."
Although no one knows what the plans OF the
District Attorney are, all of the men about the
court, including the lawyers of the defendants,
believe that the trial will take place In Queens
will be worked up in this county. and then
in September; when the Queens county Grand
and the case transferred by order OF tho court.
The chief reason given for this is that District
Attorney Olcott will not be willing to have q
reversal In case of a conviction on the ground
that the courts here had no Jurisdiction in the
case.
The two police photographers visited the
Morgue yesterday afternoon and made a mum.
Der of photographs Of the pieces OF the body of
William Gieldsensuppe, to be used " evidence
in the trial of Martin Thorn and Mrs. Mack.
They were accompanied by Coroner Tuthill,
who has declared that the body shall not. be
taken out Of the jars in which it is kept unless
| he IA nreaanf