Newark evening star and Newark advertiser., 1910-09-21
SNEAD TRIAL IS
AGAIN HALTED By
MOTIFS ILLNESS
Judge Ten Eyck POstpones Case
Until October "a on Prose-
cution's Request.
HOOD HAS NO STANDING
IN CASE, 1T DEVELOPS
Prosecutors Assistants te Take
Charge in Event of His
Inability.

Two new moves were made in the
Snead case today. The first one was
made before Chief Justice William S.
Gummere and resulted in the postpone
ment of the trial from today until oc-
tober "a
This was granted on the request of
Louis Hood, special assistant to Prose-
cutor Wilbur A. Mott in the case. Mr..
Hood explained that following an ex-
animation of Mr.. Mott by DIR. Rnnyon,
of South Orange at his Nantucket
home on September last, it developed
that Mr.. Mott would not be In condi-
tion for work before the middle of Oc-
tober. Later in the morning 1t devel-
oped that Prosecutor Mott would have
to be present when the case is brought
to trial, or in the event of his being
unable to do so either First Assistant
Frederick r. Lehlbach or Second As
sistant Andrew Van Blarcom would
have to take charge of the case.
In other words, except in an advisory
capacity to Mr.. Mott and the prose-
cutor's office, Mr.. Hood has no stand
ing in the case.
In announcing that he would be un-
able to preside at the trial OF the case
following the latest postponement'
Chief Justice Gummere used almost the
same words as he did yesterday when
he suggested that the petition as to
Mrs Martins sanity be referred to
Judge Ten Eyck, as the latter would
be in charge of the case at the trial.
Judge Ten Eyck was seated on the
bench with the chief justice as this
announcement was made.
When the chief justice had concluded
there was a procession of lawyers to
Judge Ten Eyclxs room on the second
floor where for almost an hour the
different phases of the petition made
yesterday by Albert G. Wardlaw and
Mrs. Bessie G. Spindle, brother and
sister of Mrs. Martin were discussed.
Louis Hood opened the proceedings
by calling the courts attention to the
fact that the examination of Mrs. Mar
tin made by DIR. Walter S. Washington
and DIR. Henry A. Cotton took place on
February 26 last.
rs en- examination of such a stale
date as that the proper kind to bring
before this court and ask that person
be declared insane?" asked Mr.. Hood.
Chandler W. Riker at once called at
tention to the fact that the affidavits of
the two physicians also contained. the
words "and on other dates following"
Counsel in Argument.
That brought up quite an. argument
between counsel, all of whom were
grouped closely in front of the judges s
bench. Louis Hood, Chandler w. Riker,
lChauncy II. Beasley and Samuel Kalisch
stood shoulder to shoulder before the
Judge, while back of them were Freder-
ick r. Lehlbach, first assistant prosecu-
| tor and most of the members of the
county detective force. In the jury box
were a number of lawyers who had
gathered to hear the argument over the
insanity petition.
Mr. Hood admitted at this point that
he had no standing in court as far
as the insanity petition was concerned
1T is an ex-parte proceeding, but !
! thought it my duty to be present and
call the attention of the court to cer-
tain matters such as the apparent late
ness of this application"
Judge Ten Eyck thanked Mr. Hood
for his interest in the matter and re-
marked that he considered it matter
of duty for him to be present.
Mr.. Riker then made the statement
that he considered the certificates and
afiidavits of the two physicians am
! pie in the case, as "the condition OF
Mrs Martin IS worse now than 1t was
when the original examination was
made on February 26 last. Since that
time they made many examinations
and have taken time to reach their
conclusions, which they finally did on
September 13, as their affidavits will
| show"
Samuel Kalisch, who represents Mrs.
! Mary b. Snead then got into the game
and explained that in his belief the
sanity petition would take the whole
matter before the court, and that he
believed it was the proper move
Judge Ten Eyck then said: II have
only received this petition within the
last half hour. l am not ready at this
time/to say just what 1 will do in the
matter There is one question that
occurs to my mind; that is, are the
certificates l now have before me suffi-
cient to suggest the condition of the
woman at the present time? 1t is not
stated when these examinations were
made l do not want to be under the
necessity of ordering further examina-
tions unless it appears to be neces-
sary.'
This seemed to make Riker angry.
Mrs. Martin has been examined al
most continuously from February &c
down to the present date. This con-
stant delay and delay on the part CT
the prosecution ID unfair and l think It
no more than right that the matter be
settled at an early date.
| Judge Ten Eyck then said he would
determine in a day or so just what
action he would take in the matter.
Former Judge Beasley called his atten-
tion to the fact that the statute of 1906
under which the petition is made gave
the Judge q right to call jury to help
him, If he so desired
Il would suggest that if jury is