The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-12
TODAY'S PROCEEDINGS.

The jurors looked fresh and bright
when they took their seats in the box
at 10 o'clock this morning. They had
evidently slept well and the high living
at the hotel had not interfered with their
digestion. Justice Lippincott and Judge
Hudspeth were on the bench promptly
and after hearing a motion for a post
ponement of a. case in the Supreme Court
directed the trial to proceed.
The defendant sat in the same chair he
occupied yesterday afternoon. He main
tanned the same stolid demeanQr, APP
parently taking no interest whatever in
the trial.
Detective Michael J. Foley was the first
witness called. and he corroborated the
testimony given by Detective Griffin yes
terday afternoon. The witness and Crit
fin were sent to the hospital by the Chief
of Police to get Sauerbrefs statements.
They found Sauerbrei in such a condition
that he was unable to make a statement.
The witness fully corroborated Detective
Griffin's version of the interview with
lar in his cell.
Ambrose Lynch, bookkeeper in the
County Jail, testified that when Marks
was brought to the Jail and searched a.
box of cartridges was found in the lining
of his coat.
Gustave Richter, an elderly German,
ten or twelve years. He met Marks
about two weeks before the tragedy and
said to him., How are you, Mr.. Marks;
how are you getting along?' Marks said
a house, but couldn't get it. He said his
folks didn't recognize him at all. The
Marks replied that he had consulted Law
yer Benny in Bayonne and a lawyer in
Newark. and they both told him ne could
do nothing. Before 1 get anything out
OF the house." Marks said to the witness,
1T will be gone altogether. l feel just
like shooting somebody"
County Physician Converse described
the character of the mortal wound and
the State rested.
Senator DAILY requested that the State
disclose what verdict it proposed to ask.
Prosecutor Winfield declined, because the
State had closed its case. Justice Lip
pincott said that the State had opened
the case and asked for a conviction under
the indictment.
Senator Daily made an eloquent open
ing for the defense. He said he would
ask for an acQuitLal on two grounds, first
that Marks acted in self defence and
second that he is not responsible for his
actions.
Thomas Hardy was the first witness
called for the defence. His sister was
the defendants step-mother. The wit
ness has thought for seventeen years
that Marks was weak-minded and in
capable of knowing the difference be-
tween right and wrong. The witness
based his opinion partly on two incidents,
one that Marks talked of going to Europe
and the other that he talked of going
to fight the Indians.
IF a man speaks OF going to Europe?"
asked Prosecutor Winfield, or cross-ex-
animation, is that an evidence to your
mind that he is ~insane?"
well, he had no money to go to Europe
with" replied the witness.
Couldn't he work his passages"
well I'm satisfied that he is out of his
mind" replied the witness somewhat
i~rrelevantly.
Patrick Cooney and three or four other
keepers in the County Jail, testified that
they lave observed Marks conduct since
he has been in the jail and they all agreed
that they thought he was not right in his
mind. On cross-examination they admit
ted that they were not Experts and that
his conduct might result from the fact
that he was locked UT on the serious
charge of murder.