The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1897-12-01

1n2S IN COurC-No disposition OF
Mrs. Nack's Case.
New York, Nov 30.-Martin Thorn was
toda. convicted of murder in the first
degree for killing William Guldensuppe,
his predecessor in the affections of Mrs.
Augusta Mack, at Woodside, L. l., on
June %. AT the request of Thorn's
counsel the passage of the death sent
ence was deferred until next Friday
morning. Thorn heard the jurymen
polled o. heir verdict, but his face
never .sed during the trying ordeal.
With firmly compressed and jaws
hard set he faced the judge, jury and
court room full of spectators, with well
teigned Stoicism.
About three weeks ago Thorn's first
trial on the charge of murder was be-
gun, but owing TO the illness OF a juror
IL had to be abandoned after three
days. A second trial opened week ago
on which the court DID not sit, the
trial consumed only six days.
LINE OF DEFENSE CHANGED.
Mrs Nacks testimony during the mis-
trial made it compulsory for Thorn's
LAWYERS to change their line OF defense
in the second trial. and they made
direct charge against Mrs. Mack and IN
sisted that her alleged confession was a
lie and she herself was the instigator
and peroetrator of the murder, Thorn
being igno ant of the killing until after
GuldenSupDe had been shot by Mrs.
Mack The woman was not produced
during the second trial. but morn Went
on the stand and SubStantiated all the
assertions made by his lawyers as to
the midwifes guilt The story did not
have the desired effect upon the jury
When court opened this morning Lawyer
Howe began q summing up in behalf OF
Thorn.
JUR9s DELAY GAVE HOPE.
Judge Maddoxs charge was carefully
prepared and well delivered. II was
acknowledged by the lawyers for the
prisoner to be very lucid, fair and lIo-t
partial. The jury remained in dehbera-
ton Just three hours when they sent
word 10 the judge that they We're ready
to render a verdict. The tact OF their
remaining out so long gave hope TO the
defense, but as each one of them took ms
seat in the jury box, his facial expression
told very distinctly the result OF the
..(iI;.lty of the charge preferred, were
the luminous words which fell from the
lips If the foreman of the jury. Thorn
law. ers moved for a new trial on the
ground that the verdict was not IN &C
cordance with the weight of the evidence,
but the motion was over-ruled.
JvSt what viii become OF Mrs. Mack
has not been made known by the Queens
county authorities, but II IS generally
thought that the people will accept
plea from her which Will not call IOr
capital punishment.
DAYS PROCEEDINGS.
Martin Thorn walked into the court
room in Long Island City today. looking
aone the worse for his ordeal on the
witness stand yesterday No women were
admitted to the court room.
Mr. Howe asked that the jurymen be
permitted to go to the Woodside cot
tage. u want them to see, said he,
how impossible it would be Tor one per-
son alone to cut uD the body. as deS-
cribed. in q bath tub the size Of the one
in the Woodside cottage, without mark
ing the sides Of the tub.
The peoples lawyer demurred and the
court refused to grant MIR. Howe's re-
quest. A few minutes later Justice Mad
doX re-considered hiS decision and al
lowed the jury to go to the cottage by
special cars. Then court adjourned for
an hour and half.
house and Judge Maddox had resumed
his seat on the bench. Mr.. Howe began TO
DistTict Attorney Young followed with
his final address. He said that the plea
made on Thorn behalf was as old as the
Mr.. Young having concluded, Judge
Maddox called on the jury to stand up.
Thorn watched them closely. When the
Judge began his charge, Thorn 5 face took
on 4 slight lush. He fastened his eyes
on the Justice and was evidently i'm
pressed with the solemnity of the oc-
TIE Judge explained the law governing
evidence and defined the difference be-
tween murder and manslaughter. The
charge occupied eight minutes.
JURY CAME IN.
At $50 Judge Maddox .re-entered the
court room and directed the jurors to be
brought in Martin Thorn was brought in
by Sheriff Dohl- The prisoner did not
show any signs of nervousness as the
iurors filed into the box and answered
their names. Thorn faced the jurors
stoically but it was easily seen that he
was controlling himself with great diff
Guilty. His lawyers evidently were more
perturbed than Thorn.
When the jurors stood UP, the clerk of
the court addressed them and said:
How say you. gentl emen, is the prison
er guilty or not guilty?
Jurors looked at each other. evidently
wondering who should answer; Finally
Foreman Morse spoke in a jolting, nerv-
Gus way and said;
1--WE find the prisoner, Martin Thorn,
euilty OF the charge as preferred.
Then the clerk read the verdict from the
hack of the paper handed TO him by the
foreman. Lawyer Howe asked that the
Jury be police AS the name of each man
was called and he was asked. rs that
your verdict?T he answered, Yes sir
DROPPED IMMEDIATELY.
Thorn all the time was looking stead
flv at the front row of the jurors. He
dropped into his seat the moment the roll
call was completed
District Attorney Young then arose and
moved thar a day be set for sentenca. He
Bowe) was on his feet Immediately and
moved for a new trial on the ground that
the verdict was against the evidence and
the weight of evidence adduced. Judge
Maddox denied the motion.
Mr.. Howe asked the court to postpone
the passing of sentence until next Fri
dav and Judge Maddox set it down for
friday next at 10 o'clock in the morn
ing Then the court thanked the jury
and discharged them.
INST then Thorn leaned over and spoke
to his lawyers. The judge directed that
Thorn be removed from the court room
Mr.. Howe arose, and addressing the judge,
said: If it please your honor, / would
Tx. a few minutes conversation with nv
client right here.
This request was granted and Mr. Howe
said. 'Hrhank you; that is ALL and
Thorn was taken away, still bearing him
self as coolly as ever.
None of the jurors would tell anything
about their deliberations, but it was
learned from reliable persons that the
first six ballots stood IL to / for convic-