The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-10-12
Is MARKS ACTING?
Sauerbrei's Slayer Stolid
While the Widow Tells
of His Crime.
THE SELF DEFENCE THEORY
Evidence That the Murderer had
a Revolver Because He
Expected Trouble.

Mrs. Mary Sauerbrei, the widow of the
man for whose murder James Marks is
or trial in the Oyer and Terminer Court,
created a sensation yesterday afternoon.
She was on the witness stand and had
nearly finished her evidence when Prose
cutor Winfield opened d bundle, wrapped
up in a newspaper, and e~xposed-to view
the undershirt and neglige shirt worn by
Sauerbrei when ne was shot. A perfora-
ton on the left side of each garment
showed where the fatal bullet had enter
ed. Holding them up, Mr.. Winfield ask
ed:-"Do you recognize these garments?"
yes, sir" replied the witness, with a
sob, and holding her black-bordered hand
kerchief to her eyes; my husband had
them on when he was killed"
Mrs. Sauerbrei burst into tears and then
became hysterical. A court officer as
sisted her from the witness stand. AS
she was passing Marks, who was sitting
in a chair, with his eyes cast down, she
stopped n pointing her finger at the
defendant. exclaimed, in a LOUD voice.
There's the man that murdered my hus-
band!"
She became hysterical again and was
tdhSI INTO the rear court room, WHERE
she recovered after a while.
The man who apparently takes the least
interest in the trial is Marks. During
the morning session he sat stolidly in
the chair adjoining the middle aisle,
which is nearly always occupied by de-
PENDANTS In murder cases. His face was
turned toward the east side of the room,
with a vacant stare in his eyes. He
never looked at the Judges, the jury or
the witnesses; in fact, he did not seem
to be looking at anything. His n
rested on his knees and if he heard any
thing that was going on he gave no sign.
Even Mrs. Sauerbrei's bitter denunciation
did not disturb his stolid demeanor. If,
as was suggested, he is acting a part
with a view of affecting the jury, he is
acting it we'll. The position he ssumed
in the morning prevented the jury from
getting more than a glimpse of his side
face. IN the afternoon, however, he
changed his seat three chairs nearer to
the jury box and exhibited his dull, i'm
mobile face TO the jury.
The first witness after recess was
Jeanne B. Williams, the defendants half
sister. She lives in Elizabeth. She tes-
titled that her father died in Belfast, Ire
land, on July u, 1895, while he was there
on a visit to his sister. He had made
his will before he. went away and the
witness had read it. Before calling Mrs.
Williams, Prosecutor Winfield had read
Marks will from a book in the Surro-
gates office, in which it is recorded. The
testator left to his widow, in lieu of dow
er, the income of his estate during her
lifetime or while she remained a widow.
In the event or her marriage or death
the estate was TO be divided equally be-
tween the efendan and his half sister.
Mrs. Williams said that those were the
provisions of the will as she remembered
them. She had talked with the defend
ant about the property, but the CONVEX
sation was of no Importance in the trial.
Mrs. Mary sauerbrei, the widow, tes-
titled that Marks was in the habit of
coming to the house occasionally and de-
handing the rent. She remembered one
of his visits a year ago last July. Her
husband was so much annoyed that he
told Marks to get out of the house and
stay cut. Her husband told Marks that
he had paid the rent two days, before
and showed him the receipt. On the
morning of the shooting her husband
was with her and their three children in
the back yard. They were talking about
planting some tomatoes and Sauerbrei
said he would get some plants.
My husband left me-" the witness said,
land went into the store. About five
minutes a~fterward I heard the first shot
but paid no attention to it, as there is
so much of hat thing going on around
there. When I heard the second shot l
became alarmed and went into the dining
room. l heard a cry of pain and then l
saw my husband coming toward me with
his hand on his breast. 1 asked him what
shot me- The knife is Usually kept under
the counter, but after the shooting l
found 1t on the counter. 1 saw Marks
there. He looked in my face. I picked
up the knife and said. L would like to
kill you He said nothing only Come on
My sister upstairs heard the shots"
Mr.. Winfield produced the two shirts
and the witness identified them.
August Kreeh, Mrs. Sauerbrei's sister
testified that she was upstairs and heard
the shooting. She also heard the moan
ing and afterward saw Marks in the
street.
John S. Hayber, who lives at No. 67ts
West Thirty-third street, n does bust
ness at No. 654 Avenue ?, Bayonne, was
nue. D and Twenty-frst street when ne
heard the first shot fired. He turned and
ran diagonally across the street, arriv-
ing in front Of Sauerbrei's just in time to
see Marks fire the second shot. Marks
was just outside of the door and Sauer-
brei inside. After the shot S~auerbrei
went back into the store and Marks fol-
lowed far enough to grasp the knob of
the door. He pulled the door to and
locked 1t. The witness heard no scream
ing or moan after the second shot. He
saw two men bringing Sauerbrei out
through the alley and taking him toward
the hospital. Marks was then In the Gus
tody of Policeman Tferney. Marks and
S%auerbrei were brought together and
Sauerbrei said that Mark shot him.
On cross-examintion the witness said
that when he saw the two men near the
door Marks was backing out.
And Sauerbrei was coming out face
wards. was he?" asked ex-Judge Noonan,
adding in a side whisper to Senator Daily,
That's a new word but I guess he'll I'M
"Yes. sir, replied the witness, they
were almost three feer apart"
How did Marks act?'
Fl was very COOL"
did he look as uhconcerned then as he
does now?"
Not quite, I think"
Joseph Williams lives at 4S7 Avenue E.
Bayonne, and does business at 654 Avenue
D. He was sitting at his desk when he
heard the two shots fired. He saw people
running over towards Sauerbrei's and ran
with them. The witness arrived in time
to see Marks locking the door. He had
body shouted Grab him, he shot a mani''
The witness was about to go up the steps
when somebody else shouted slook out,
he's going to shoot again!' The witness
discreetly retraced his steps. The police
man arrived about that time and got the