The sun., 1903-02-05
YOUNG NOT ILL; TRIAL ON.
JCSTICE HERRICk BRUSHES
AWAY MOTIONS FOR DELAY.

Young. grandson Of Brigham Young, was
too III to be put on trial yeste rday for the
murder Of Mrs. Anna Pulitzer were set
aside by Justice Herrick in the criminal
branch Of the Supreme Court. although
reinforced by the production Of Young
| IN court In an unkempt condition and by
attempts ON his part to address the Court
Twelve talesmen we're examined and three
jurors were obtained.
District Attorney Jerome hit the Mormon
bloOd-atonement theory in the head and
killed It, He declared that there was
| nothing In it and assured Justice Herrick
that 1t would play no part in the trial At
this statement by his chief, Assistant Dis
trict Attorney Studin. who had said that
the trial, looked plsin.
The proceedings in the court room had
| interest for cynical lawyers we'll known
at the criminal bar
Young was not in court when it opened.
but his lawyer. W. F. s. Hart. was. and
asked for an adjournment. saying that his
client was Ill and that Warden Van de Carr
and DR.. jackson r. Campbell Of the Tombs
considered him to be too Ill to be brought
to the court room.
District Attorney Jerome said that his
Office wouldn't be satisfied with any state
ment or representation made by DR.. Camp
hell and he sent Coroner's Physician Higgins
TO the Tombs to look at the prisoner. DR.
Higgins reported that Young was in a
nervous state, as might be expected Of
man about to be tried fer his life. Aside
from that there was nothing the matter
with him
Mr. Hart then said that he would like
an adjournment because Young's father,
John W. Young, In whose fiat the murder
was committed and who was in Paris nj
the time. was still In Paris and i'll. and would
be material witness. Justice Herrick
refused the adjournment
Mr.. Hart then asked for a commission to
take testimony of witnesses outside OF
the commission could report. Mr.. jerome
said that Mr.. Hart had he'd plenty Of time
to ask for a commission since the murder,
which was committed on Sept. 10.
Justice Herrick denied the application for
Il see no reason for any further delay in
this case. he said.
Then Young was brought in between
Deputy sherins K'1y am Ven Deestand
Tdnb, Thn half ,Si', SsT,0d s H, had S. msds s5,o
ne he's been allowed TO let his hair and
beard grow. NO that his face Is efIectually
disguised He had his hair brushed straight
on end and he was pale from confinement
dropped his heed forward on the table and
iay inert for a while. Finally he sat up
and his head rolled from side to side. He
half erosc
Your H NOR. want to speak to you
hsot he said 1o he 6 deputy H. shs put osan n
half way to his feet.
.I'm not insane" he said Justice Her
rick looked at him and Messrs Jerome and
Hart went up. to the Judge's bench and CON
that commission he appointed to examine
Young's physical condition and that the
county would stand half the expense.
commission was appointed. consisting OF
DIR. Carlos z: Macdonald, nr. c. l.. Dana,
DR.. Austin Flint DR.. Fred Peterson, prcsi-
dent OF the State Board Of Lunacv; DIR,
Graeme NJ. Hammond. DR.. William Hrsch,
DR.. Dent Of the Wards Island asylum, and
DIR. Pierce Bailey.
Court was then adjourned until 8 O'Clock
in the afternoon, and as soon as this WAS
announced Young tried again to say some
thing. His guards removed him from TIE
court room. and when he got into the room
back of the court room he asked for ciRar,
got a cigarette, and smoked IL with avidity.
All that Young said to the doctors was
tlken down by a stenographer He ar
swered questions freely and engaged in a
long discourse concerning G. ). Eiling,
whom he has accused Of being the murderer.
The District Attorney says that Filing was
in iail in the West when the Pulitzer woman
was killed. and that he has been in durance
ever since.
The physicians came to the conclusion
that Young was physically fit TO be tried.
It was also said that they reached the same
conclusion as to his mental state. Where
fore Justice Herrici ordered him brought
into court and he was carried In on chair
and put at the end OF his counsel's table.
He sat up and remained quiet for the forty
Ave minutes that elapsed before adjourn
ment.
Justice Herrick began the examination Of
talesmen, doing most Of the questioning
himself
TO IL that each talesman Nas asked If he had
any prejudice against the Mormon Church
or himself was churchgoer. Finally Mr.
Jerome got up.
There is no contention" he said. that
Mormonism or the Danites had anything
TO do with this crime and the case will not
be tried along those lines.
"That's the first notification ! have had
Of the fact said Mr.. Hart. The news
papers say
Jurors are going to try this case said
Newspapers create prejudices and tales
men may iinbibc them, said MIR. Hart.
A number Of tflasmen, although il was
special panel. declared that they had formed
dence would be likely 10 eTace. Prejudices
against Young were acknowledged by nine
OF the twelve talcsmcn who were examined,
The foreman of the jury is Thomas II
Mc(}ee Of IA East ThiTty-second ST. Get.
The Defence, II is understood. has ret aimed
about sixteen inaanity experts, which costs
money. The prosecution will fight any
effort OF Mr.. Hart TO show that Young
is insane The District Attorney says
he is tired of the product Of the "Tomhs
insanity seminary.
The prosecution does not know who're to
look for Joseph Pulitzer, the murdered
woman's husband. Pulitzer visited the
District Attorney frequently from the
time OF the murder to within two months,
when he dropped out of sight. 1t wes
also said yesterday that Dolbey, the hall
boy at the Young fat, I0S West Fifty-eighth
st rect. who saw Young carry the trunk
with the womar's body in it out Of the
house on S,pt 10. had vanished. Young
took the trunk and body in a wagon
TO the Morris canal in the Hacken-
sack Meadows and sunk the body.
He was arrested in Derby, Conn
three dnys after the discovery that
the murder had been done in his fathers
fiat. Mrs Pulitzer, who livad at l40 West
Forty-sixth str rect, left her home early
in the evening Of Sept, ie. ostensibly 10