The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-27
SURPRISE IN THORN TRIAL.
RRosECUTI0N RESTS WITHOUT CALL
ING MRS. MACK.

announcement TO this effect by District Attor
ney Youngs came as a great surprise. Mrs.
Mack did not testify, and while this had been
foreshadowcd, the general impression was that
she would DO called ut the last moment.
Neither was Clark, n former ccllnate Of Thorn.
TO whom he is alleged to have made a confess
sion, put upon the stand. Mr.. Howe was taken
by surprise. lie was sure that Clark would be
called and he had hoped that Mrs. Mack would
be. Tho strength OF the case he has been build
ing up was based on the supposition that Mrs.
Mack would tell her story to tho jury. His at
tack was to be centred against her. with n view
TO weakening the States case by a successful MS,
sault upon its star witness, Mrs. Mack. The
prosecution realized this, but hositated. AT
the last moment, upon the advice, 1t Is said, of
District Attorney Olcott, II was decided that
her testimony was in no manner essential to
the completion Of the chain and that the
State would be stronger without 1t.
Mr.. Howe admitted his surprise at the turn
affairs had taken. As soon as District Attor-
ney Youngs made the announcement. that the
State rested, MI. Howe asked for time to ar
range his defence in view OF Mrs. Nack's non.
appearance. Justice Maddox therefore ad-
5ourned court until Monday morning at $3.50
o'clock. But Mrs. Mack may still DO called.
Mr, Howe has stated positively that Thorn will
take the stand, and 1t is surmised that the State
will use Mrs. Mack in rcbuttal of his evidence.
The principal witness yesterday was John
Gotha, the barber to whom Thorn confessed and
who in turn put the police on Thorn's trail. He
gave his testimony in a calm, straightforward
manner. Mr.. Howe attacked him flercely in
his cross examination. He coocd and beloved,
oa5oled and bullyragged by turns, but the wit
moss handled himself exceptionally well, and at
tho end of q three hours struggle the lawyer
gave up. Gotha's testimony is the most damag-
ing that has been given against the prisoner.
1t is understood that Mr.. Howe will use Her
man Mack the husband of Mrs. Mack, to prove
her bad character. Mack has been subpGnaed
House yesterday and wanted to hear the pro-
ceedings, but under the, rule excluding wit
nesses he was not allowed inside.
The first witness of the day was Constantine
Keehn, who was recalled for cr0ssexamina,
Il G0RR ,s as sO s9 ssS pU and %hi s s t Is a TeaSn h Th @4a
wanted to buy a short time before the murder:
The ,examination was unimportant. Edward
the, saloon on the night Of the murder
S watch th nna m 1aTss d aSbysb i ha said h he f had made g
By his carriage ride with Mrs, Mack. Henry
Federer, a milkman, also testified to having
seen the watch. He swore that Thorn said to
him on the night Of June 30: by this time to-
morrow III be on the ocean, Edward J, Cor
on his way to the Thirty-fourth street ferry at
10 o'clock on the morning of June 20.
Carl MGrlCD, the barber whom morn Cr1eQ TO
use in proving an abb, identified the letter
Thorn had written him on tho subject. He
said that the circumstances to which Thorn re-
ferred as having occurred on the day of the
murder really occurred two or three days prior
thereto. Thorn was nervous while Merich was
on the stand, for Merich had been one Of his
Capt. stephen O'Brien was recalled for the
purpose of identifying Mrs. Mack. She was
entrance was the signal for much craning of
necks and whispering on the part Of the wo-
Mr.. Howe wanted to go right after her.
rs that the woman who said what you said
Ex.surrogate Weller objected. and the Court
said that MIR: Howe must wait until the woman
was put on the stand. -
ME-. Nacki' asked the lawyer rather hotly.
The defence wouldn't tell. vouchsafing at
day. Mr.. Howe wasn't at all pleased, but, Of
course. couldn't help himself.
o' fssfisea'nt te sGnm MG as To Tbo e9PT 's Sori6ss s CAPT.
about its being Mrs. Nack's carpets which he
day after the murder, Mrs. Stewart. who
lived on the floor above Mrs. Mack in the Ninth
were not taken up until three days after the
murder.
When his name was called Thorn Strengthened
up in his chair. crossed and recrossod his feet
several times, and looked sharply at the door
through which the witnesses entered. HI was
Interested, but his face did not begin to betray
him. Gotha is a big man with a smooth shaven
face and black pompadour hair. He was badly
Fattled. and as he took the oath he bit his
lower lip and kept his eyes downcast. District
Attorney Olcott was on hand to handle him,
and with but comparatively few questions from
the lawyer he told his story.
MRS. Mack. Thorn was his friend and made
him the contidant of his love affairs. Thorn
going to use that on Gieidsensapp pe't tho first
chance l get In May at a baseball game
Thorn had drawn q dagger seven inches long
That's for Gieldsensuppe."
On the night of June p Thorn had told tho
we're stopping, that he had rented a cottage in
Woodside for $40 a month, They were all
going to move there soon, he said. On tho
night Of the murder. when Gotha got back to
the hotel from work. he found Thorn in bed,
Snnd thorn told him he was very tired because he
change much, but his feet kept moving and it
was plain that ne was Ill at ease. Gotha never
continIping,. the witness told Of Thorn's COM
where the witness We IRatD'f H IeT sat In in t hsr ba4i
beTs chair, and while the latter cut his hair
asked him to meet him that afternoon, Gotha
wanted Thorn. but he finally consented. They
met at Wells saloon, Eighth avenue and 199lh
Gthi sn &. s%la: .4 As first 5,5 TH no. denied it, and
LET rTom NTH this point Mt, on Gotha's narrative was al
80 ~ Ps u III W
peated with some dramatic force Thorn's story
q how he and the woman had planned to lure
the bath rubber to:his death ;'of how no went
ahead and lay In wait behind an upstairs door;
OF how he fired his pistol several times TO make
sure that 1t would work and then Of how Geld.
sensuppe came stumbling up the stairs, alone,
to be shot in the back Of the head as Thorn
crept out from his ambush. while the woman
stood below in the garden.
Gotha did not spare the brutal bloodiness of
the deed in his recital of tho confession, He
repeated even how Thorn had said his victim
snored as he lay in the bathtub about to be dis
membered. The story OF fail that CHASTITY work
Of ooncealment of the crime was repeated as
y came from the prisoners lips, and still he sat
there coolly, only tanning tho i1oor with his foot.
Gotha said TIA, Thor, asked him to meet
MIN the next night and he promised to do so.
he Kept his word, but no brought the police
with him. This ended the direct examination.
and court took. a recess for lunch. Mr. Howe
went for tho witness straightway on the recon,
vening, OF court. lie asked him some very dis.
agreeable questions about his relations with his
wlfe, his habits as regards drink and his mo.
ives for betraying Thorn.
Gotha admitted that lie had received 5000 or
$500 from the District Attorneys OF New York
ana queens counties since his statement, but II
was because he had no work and because the
Necessity OF his being present at 30 many con.
feTences Kept him from holding a job. MIR, OF
colt very kindly offered to nut in a schedule OF
WI Aaa-