The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-11-12
A SICK JUROR
BrinEs the Trial or Thorn TO n Sudden
HRit-IS sufrsriuE From Appendicitis.
New Jury VIII be Required.

HRit-IS sufrsriuE From Appendicitis.
New Jury VIII be Required.
NEW YORK, Nov. 1.-After the
sensational event OF yesterday. the
trial of Martin Thorn came to a sud-
den halt to-day, owing to the illness OF
Juror Mangus Larsen. He was taken
sick yesterday and his case was dag
nosed as slight stomach trouble. 1t
has since developed, however, that he
is suffering from appendicitis and 10 in
so severe condition that his doctors
will not permit him to leave his bed.
Thorn was brought into court, look
ing none the worse for his terrible or
deal Of yesterday, when Mrs Augusta
Mack detailed the story OF the murder
and mutitation OF Guidensuppe and
threw the burden Of the deed upon
him. ----- .---
When Judge Smith opened court Dis
trict Attorney Youngs reported the
condition OF Juror Larsen and the
fudge with the consent ofcounsel Of both
sides, adjourned court until tomorrow
morning This unexpected develop
ment may put an end to the trial and
necessltate new one.
LAWYER William F. Howe, counsel for
Martin Thorn said the case reminded
him OF similar one In New York some
years ago. An Italian named Capcemi
had killed policeman in Broome
street, New York. During the 1tal-
Ian's trial for murder. one OF the Jur-
ors fell sick and there was prospect
of n 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 lawyers
agreed to proceed with eleven Jurors.
Cancemi was convicted and sentenced
TO death. An appeal was taken on ac-
count OF the alleged irregularitY and
the decision was reversed The court
OF appeals stated that neither counsel
for the people nor the prisoner could
waive the constitutional rights OF the
accused man, which called for trial
by Jury OF twelve men, instead of
eleven. This was In 1857.
When asked II he would consent to
the trial OF Thorn going on with eleven
Jurors he said:
"I would consent readily enough, but
the Judge would oensure me and prop
erly would ask me II ever read the
law on the subject"
MAY REQUIRE A NEW JURY.
District Attorney Youngs was asked
whether, in the event OF death OF a
Juror he would press for new jury
and proceed with the case during the
present term. He replied that he would
have to consult with his associates be-
fore answering the question.
I'VE have worked together" said nc,
"verF harmonlously, 80 far as the case
has gone. and we will not be at logger
heads II such situatlom should nrise.
II Is my opinion, however. that In the
event OF n 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 II be necessary to wait
for the recovery OF LarsenY'
To these questions Mr., YounBs re-
piled: Both Of these matters are In the
discretion Of the court"
After court adjourned Mr., Howe nnd
Mr.. Moss had brief talk with their
client Thorn, before he was taken back
10 his cell Later Mr.. Howe outlined
his proposed plan OF defense, which ne
has been compelled to adopt, owing to
the confession OF Mrs. Mack.
Thorn will take the stand to-mor-
row." said he. land he VIII testify that
the murder wns conceived and plotted
and planned by Mrs. Mack We shall
prove that she wanted 10 get rid OK
Guldensupbe In order thnt Thorn might
take his place Thorn VIII state that
when hc got into the cottage nt Wood
side on June g5. he found that Mrs.
Mack had shot GHlaeHHnppe nnd INA.
II was she who said. i have killed him
In other words, Thorn ls going TO tell
the whole truth about II, absolutely the
whole truth" said Mr. Howe, with a
dramatic gesture.
"wln Thorn testify that Mrs. Mack
ioek away the head or VIII he state that
II was he himself who threw u Into the
rlvcr?" Mr. Howe was asked,
}The big lawyer hcntnted for q mo-
meht. and then renftod' wait It'll wc
have COl Thorn on the stand Tomorrow,
lie will toll about H."
WILL FIGHT n OFT.
lawyer Joseph y. Moss, who Il asso.
clated with Mir Howe In the defense OF
Thorn, was asked, II In tho case Of e
new trial being ordered the dcfcnse
would accept nm offcr from the people
Tor plea NJ murder IN iho second de-
grOo from Thorn,
"CerlaInly not hc replied. 1--WE
would npurn such nm OFFER"
When this was told to District At-
torncy Youngs he said that II was rldlo-