Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-11
Juror Magnus Larsen Taken Suddenly
Ill With Appendicitis.
MAY NECESSlPATE A new TRIAL
Lawyer Howe Outlines the Defense
of His Client.
WILL ACCUSE MRS. MACK

/ NEW IoIth NONcthUSI lie VI
Martin Thorn. which has been in progress
| the last three days in the Queens county
court of eyer and terminer ut Long Island
City, may be discontinued for an indefinite
period owing to the illne ess of Juror Magnus
Larsen. When court adjourned yesterday
| until $50 o'clock this morling the doctors
| who examined the juror thought that he
was only suffering from a slight stomach
| trouble, and would be able to attend court
| today.
After Larsen with the other jurors ar
| rived at the Garden City Hotel last night, 1t
was discovered that Mr.. Larsen was affiict-
| ed with appendicitis and his condition is so
| serious that physicians who are attending
| linn will not allow him to leave his bed.
| This being the case, tie sheriff did not
bring up the other eleven jurors today, and
| reported the facts to the district attorney.
Curiosity Seekers Disappointed.
Several hundred men and women who as
| sembled in the court room today expecting
| to hear Martin Thorn refute the testimony
| which Mrs. Mack gave so dramatically yes
| terday were therefore doomed to disap-
| pointment.
| Captain Methven brought Thorn into the
| court room, the prisoner looking none the
worse for his ordeal of yesterday.
Judge Smith opened court few minutes
later and District Attorney Youngs in
formed him of the serious condition of
Juror Larsen and with the consent of the
lawyers both sides, Judge Smith ad-
journed the court until 0:3O o'clock tomor-
row.
The sickness of Larsen brought up dis
cCssion among those interested as to what
would be done in case the jurors illness
! would be protracted.
Would the people go on with the case
with eleven jurors?' was asked.
Lawyer William F. Howe. counsel for
Martin Thorn, said the case reminded him
of a similar one which occurred in New
York some years ago. An Italian named
Cancemi had killed policeman in Broome
street, New York. During the Italians
trial for murder one of the jurors fell sick
and there was prospect of long delay.
The people as well as the defense were
anxious TO hurry the trial, and the district
attorney for the state and the defendants 5
lawyers agreed to proceed with eleven
jurors. Cancemi was convicted and SEN
fenced to death. An appeal was taken on
account Of alleged irregularity and the de-
cision reversed The court of appeals stat
ed that neither counsel for the people or
prisoner could waive the constitutional
rights Of the accused man, which called for
a trial by a jury of twelve men instead of
eleven. This was In 1891.
MIR. Howe willing to Proceed.
Mr.. Howe was asked if he would consent
to the trial of Thorn going on with eleven
jurors. He said:
Il would consent readily enough, but the
judge would ceHsure me, and very properly
would ask if ever read the law on the
subject
District Attorney Youngs was asked
whether in the event of the death of a
juror, he would press for a new jury and
proceed with the case during the present
term. He replied that he would have To
consult with his associates before answer
ing the question.
1--WE have worked together" said he,
very harmoniously, so far as the case has
gone, and We will not be at loggerheads if
such a situation should arise. 1t is my
opinion, however, that in the event of
new juror being required an entirely new
jury would be drawn and the case pushed
during the present term"
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 replied:
Both of these matters are in the discretion
of the court
After court adjourned Mr.. Howe and Mr.
Moss had brief talk with their client,
Thorn, before he was taken back to his
posed plan of defense, which he has been
compelled to adopt owing to the confession
of Mrs Mack
Outline of Thorn's Defense.
Thorn will take the stand tomorrow"
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 Woodside on June 25 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 it-absolutely
the whole truth" said Mr.. Howe, with
a dramatic gesture.
will Thorn testify that Mrs. Mack took
away the head? Or will he state that 1t
was he himself who threw it into the riy-
err" Mr.. Howe was asked.
The big lawyer hesitated for a moment
and then replied:
"Wait till we have got Thorn on the
stand tomorrow. He will tell about it."
Lawyer Joseph F. Moss, who Is associat-
ed with Mr.. Howe in the defense of Thorn,
was asked If, in the case of new trial be-
ing ordered, the defense would accept an
offer from the people for plea of murder
IN the second degree from Thorn.
Certainly not" he replied. I'VE would
spurn such an offer.'