Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-11-12
4 JUROR HAS APPENDICITIS.
The Guldensuppe Murder Trial Comes
to a Sudden Halt.
May Be Resumed To Day.
Lawyer Howe Outlines His Plan
of Defense Thorn Will Swear
Tnat When He Went Into the
Cottage Mrs. Mack Had Already
Killed Her Former Lover.

progress the last three days in the
Queens County Court of Oyer and Ter
miner at Long Island City, may be
discontinued for an indefinite period,
owing to the illness of Juror Mangus
Larsen. When court adjourned yester-
day until $50 O'Clock this morning,
the doctors who examined the juror
thought he was only suffering from a
slight stomach trouble and would be
able to attend court to-day.
After Larsen, with the other jurors,
arrived at the Garden City Hotel last
night, it was discovered that Mr.. Lar
sen was afflicted with appendicitis,
and his condition is so serious that
physicians who are attending him
will not allow him to leave his bed.
This being the case, the sheriff did not
bring up the other eleven jurors to-
day, and reported the fact to the dis
trict attorney.
Several hundred men and women
III dooCAlUlCu III IdC NOuit iOOiu W
day, expecting to hear Martin Thorn
refute the testimony which Mrs. Mack
gave so dramatically yesterday, were
therefore doomed to disappointment.
Capt. Methven brought Thorn into the
court room, the prisoner looking none
the worse for the ordeal of yesterday.
Judge Smith opened court few
minutes later, and District Attorney
Youngs informed him of the serious
condition of Juror Larsen, and with
the consent of the lawyers on both
sides, Judge Smith adjourned the court
until $50 tomorrow.
The sickness of Larsen brought up
a discussion among those interested as
to what would be done in case the jur-
or's illness would be protracted.
Would the people go on with the
case with eleven jurors?' was asked.
William F. Howe, counsel for
Thorn, said an Italian named Cancemi
had killed a policeman in Broome
street, New York, in 1857, and one OF
the jurors falling sick, the lawyers
agreed to proceed with eleven jurors.
Cancemi was convicted, and on appeal
the Court of Appeals ruled that neither
counsel for the people nor prisoner
could waive the constitutional rights
of the accused man, which called for
trial by a jury of twelve men instead OF
eleven.
District Attorney Youngs was asked
whether, in the event of the death OF
a Juror he wOuIu p. 49," 49,.
and proceed with sthe case during the
present term. He replied that he
would have to consult with his asso-
ciates before answering the question.
''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 re-
piled:
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 out
lined his proposed plan of defense,
which he has been compelled to adopt
owing to the confession Of Mrs. Mack.
Thorn will take the stand to-mor
row." said he "He will testify that
the murder was conceived and plotted
and planned 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 Wood
side on June % he found that Mrs.
Mack. had shot Guldensuppe and that
it was she who said: I have killed
him. In other words, Thorn is going
to tell the whole truth about tab
solutely the whole truth said Mr..
Howe with a dramatic gesture.
Twill Thorn testify that Mrs Mack
took away the head? Or will he state
that it was he himself who threw it
into the river?" Mr.. Howe was asked
The big lawyer hesitated for mo-
ment and then replied:
wait till we have got Thorn on the
stand tomorrow, he will tell about it."
Lawyer Joseph F. Moss, who is as
ISOLATED with Mr. Howe in the defense
Of Thorn, was asked if, in the case OF
new trial being ordered the defense
would accept an offer from the people
for plea of murder in the second de-
gree from Thorn.
Certainly not" he replied. eve
would spurn such an Offer
Three physicians held a consulta-
ton this afternoon, and decided that
the only hope of Larsen's recovery
lay in an operation. They said that
he was in danger Of death and that
they had notified his wife. If Mrs.
Larsen consents, an operation will be
performed at once. In case the opera
ton is success, it will not be posi-
bic for Juror Larsen to be up before
three weeks. This will probably ne
cessitate the impanelling Of a new