The morning call., 1893-09-22
THORNE'S FATE.
In the Hands of Twelve
True lien.
The Trial Concluded and the Jurors
Locked Up for Nocturnal
Reflection.

Nearly all of the evidence was in when
proceedings were resumed yesterday morn
ing in the trial Of Harry ThorDe for the
murder of Frank 7. Northev. and as the
evidence throughout had been of de-
cidedly conflicting nature. all interested
were curious to know whether any new
developments would arise yesterday.
George Kelly was called for the defense.
He said that he was we'll acquainted with
S. G. Tucker, the witness who testified so
strongly on the prosecutions behalf.
Tucker had talked openly of the matter,
and had gone around attempting to get to-
gether evidence against Thorne. Tie
witness heard Tucker talking about it.
Then the defense put Harry Thorne, the
defendant, on the stand. He related the
details of the tragic affair pretty much IN
the same way as his witnesses had done on
the previous day. He owned to having
been afraid of Northey. NOrthey was al
ways very offensive and was always threat
e1ing the lives of people. Thorne said he
had no club that night. When Frank
Garcia offered him the pistol he accepted
it for sef-protectOn. He shot Northey
in self-defense, as he really believed that
the latter would kill him.
''Northey," said ThOrne, "was always
threatening people Once he told me where
he could turn trick. l asked him what
he meant, and he said that he was going TO
make Bob Morrow give him $4,000. If
Morrow didn't do 1t he'd fill him full of
lead"
All this evidence had the effect of raising
an objection from Prosecuting Attorney
Hinkle. who wanted to prevent The wit
ness from teStifying as to Northey'S char
acter. George A. knight maintained that
his client had perfect right to 90 so,
while Hinkle said that because man was
bad that was no reason why he should
be shot.
That's all right" retorted knight. "but
you ought TO know that when a poodle dog
growlS no one cares, but let mastiH bark
and people know there's mischief brewing.
When a bad man threatens life he means
business, but if DR.. Stebbins should con-
font citizen and say Pm going to kill
YOU the citizen would not believe him"
Hinkle had to give in to this overwhelm-
ing reasoning.
All that was extra cted from Thorne in
cr1ss-eXamin alton was that while he
neither thought nor knew whether or not
y orthey would have killed him, yet he
was not going TO give NOrthey chance to
shoot first. Nor was he going outside the
saloon to fight Northey.
Then followed the arguments. Hinkle
spoke sensibly and well. He would not
allow that this was a case Of sef-defense,
while on the other hand he asked for no
verdict Of murder in the first degree. Ia
! conclusion he asked for a verdict of muir
| der in the second degree.
knight followed in an earnest appeal to
the jury on behalf of Thorne. He tried
! to show how absurd il would have been
| for Thorne to have acted any differently.
! The man NortbeY was bigger and heavier.
! had been drinking, was correspODdingly
! quarrelsome, and being a VIGOROUSLY bad
man Thorne was afraid Of him. ThoIne
was actually afraid to move from the
saloon, and sat there hoping that N0rthey
| would go away. But he did not, and
! Thorne was afraid NOrthey was going to
kill him. Understanding that Northey
was armed, Thorne had taken a similar
precaution. He had remained in the sa-
| loon, but had moved TO the back door on
| the understanding that Northey would
| enter that way with a gun to kill him. The
! first thing he knew NoTthey flung the doGs
| Open aud ThOrne in self-defense SHOT lis
man. The counsel asked for speedy YER
| dict OF acquittal on this charge.
| Hinkle replied, and then Judge Seawell
charged the jury, viii h retired to DELHI
crate al 3 O'Clock. Five o'clock, however,
came without an agreement being reached,
and iG was whispered that eleven Jurors
wero gathered around one, who was deaf
| 20 their Establishments SO Judge Sea well
went away until o'clock. Eight O'Clock
came and yet no verdict; accordingly an
other postponement was taken until IL
o'clock. AT that hour the jury was still
unable to agree, and it was locked up IN
til 10 o'clock this morning.