The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-12
NEW JURY FOR THORN
District Attorney Youngs to
Prepare a Fresh Panels
as Larsen Cannot
Serve.
HoWE's ECCENTRIC PROPOSAL
Rejected by the Prosecution, as
Bad Faith Was Suspected
=
HoWE's ECCENTRIC PROPOSAL

HIS. Mack NellSiOuSs
COURT HOUSE, LONG ISLAND CITY,
N. Y, Nov. L, 1S97.-Dr. Burnett, one of
three physicians who are in attendance on
Mangus Larsen, the ailing juror whose
sudden illness upset the smooth progress
of the Thorn trial, telephoned to Sheriff
Doht this morning regarding his patient
Larsen, said he, 'is doing remarkably
well since the operation was performed
last evening. The operation was wonder
fully successful, and the juror passed a
good night, as he slept comfortably. He
will be unable to leave his bed for several
days, and consequently cannot resume his
duties as a juror for an indefinite term. =
District Attorney Youngs has made up
his mind to ask the court when 1t re-
convenes this morning to discharge the
jurors. He intends to have a new panel
prepared and will proceed next Monday
with the selection of a new jury. Mr.
Youngs is anxious to push the case to
conclusion as quickly as possible.
Lawyer Howe was the first of the legal
talent to put in an appearance at the
court house in Long Island City this
new jury, Mr.. Howe said that he had
informed District Attorney Youngs that
he was prepared to agree to having the
eleven jurors re-sworn after they had been
discharged.
'.These eleven men, said he, "are fully
posted on every detail of the case, as they
have listened carefully to all the eyi-
dnce so far adduced 1t would be diff
cult and tedious task to secure twelve
new men who had not formed opinions,
and it would be much easier to get one
new man. Another juror could be select
ed to fill the place formerly occupied by
Larsen, and the testimony taken dur
ing the trial read 'sThiS would be per-
fectly Legal said Mr.. Howe, "but l doubt
whether Judge Smith will permit such a
course.
Judge Smith arrived at the Court
House at $3.50 o'clock and quarter of an
hour later he opened court.
The eleven jurors had already taken
their places in the box and Martin Thorn
was In his accustomed seat Immediately
behind his lawyers. He seemed to be
more Interested in the proceedings than
on any day since the trial began.
DR.. Burnett was called 10 the stand and
he testified that Juror Larsen would not
AS soon as the physician had made this
statement, Judge Smith said:-sI think
the jury ought to be DISCHARGED"
Court. IF Your Honor please said he,
NEARLY all the evidence is in and the case
not include that it would be proper to ad-
journ for month, then have this sug
gestion to make. I spoke to Mr.. David
son the Assistant District Attorney on
my way to court this morning, and l told
him that this course might be adopted.
That the eleven jurors be retained. that
an additional juror be empanelled to make
the constitutional twelve, 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 twelve or
new jury could listen to it and hear it.
think that would save time. put myself
on record as agreeing to that. 1t is per-
fectly legal to read all the evidence in this
It is very distasteful for me to have to
come here again and go through the mon
otSqo4s ba 4 PROCESS yo9,r Of asking taesmen
and where do you live?" We haven't got
phonograph to pump these things out
District Attorney Youngss arose when
Mr. Howe had concluded and said:
Your Honor, equally with my friend, Mr..
Howe. wish to conclude this business
as early as possible. Al the same time
authorities on the subject. While might
be perfectly legal, as at present advised
such a course of proceeding would be
Judge Smith: "How long would you like,
Mr.. Youngs?"
The District Attorney: 1--WE have a. good
law library here, but. as your Honor is
very rapidly. I would suggest an adjourn
ment till one O'clock
The Court then ordered a recess until
Thorn was taken back to the prison and
the court room was cleared
Mr. Howe saw Mr.. Youngs in the law
Hbrary WITHIN an hour after the court adj
Journed and after brief interview the
veteran criminal practitioner walked out
of the library and walked into the centre
OF group Of newspaper reporters who
were watching both lawyers closely.
Gentlemen" said Mr. Howe. ssI can
now tell you positively that there will be
an entirely new jury selected. l have just
spoken to Mr.. Youngs and found that he
and his associates are not in favor OF
adopting the plan which l proposed in
court this morning.
The Rev. H. P. Miles, pastor of the
local Presbyterian. Church. who is the
spiritual adviser of both Mrs Mack and
Thorn. received letter from the woman
today in which she requested him to call
upon her today. She said among other
things:-.I am very happy now in my
spiritual life and have made my peace
with God. My heart feels so much easier
since have told all about how Willie was
killed. The good God knows l told the
truth and I am so happy when I told it,
l long for the coming time when you call
again.
The clergyman called at the Court
House in the forenoon and went down to
the prison to see Mrs. Mack. He did not
bring the letter with him, but he recited
from memory few of its passages.
Lawyer Friend, Mrs. Nack's lawyer,
reached the court House atter the aG-
journment and as he reached the corridor
outside the District Attorneys Office Mr..
Howe met him.
Mr. Friend addressed the big lawyer
and said: WELL how do you feel today,
Counsellor?'
Lawyer Howe glared and retorted: "I
don't want to have anything to do with
YOU: you are traitor
Mr. Howe is nearly four times as big
as Lawyer Friend, and the big man
scowled down at the smaller and con-
tinued: you're a mean, contemplate
creature You are only an insect com
pared to me-"
'sThen it's a case of the insect jumping
on the big animal and getting the better
Of it.'' was Mr.. Friends reply.
There were a few more personalities in
dulged in by both and finally Lawyer
Howe walked down the stairs and out of
the building, growing, while Mrs. Mack $
counsel sought the shelter of the District