The herald., 1897-12-01
THE PRISONER BREAKS DOWN
AND MAKES CONFESSION OF HIS
CRIME
Mrs. Nack's Story Was True, and
There Is No Use Lying
Any Longer
Press Special Wire.


his predecessor in the affections of Mrs.
Augusta Mack, at Woodside, l.. l., on
June %.
At the request of Thorns counsel the
passage of the death sentence was de-
ferred until next Friday morning Thorn
heard the jurymen polled on their ver
dict, but his face never changed color
during the trying ordeal. With his lips
firmly compressed and jaws hard set, he
faced the judge, jury and court room full
of spectators, with well-feigned stoic-
ism.
About three weeks ago Thorn's first
gun, but owing to the illness of juror
it had to be abandoned after about three
days. a second trial opened week ago
last Monday and, counting out three
days on which the court did not sit, the
trial consumed only six days.
Mrs. Nack's testimony during the mis-
trial made it compulsory for Thorns
lawyers to change their line of defense
in the second trial, and they made di-
rect charge against Mrs. Mack and in
sisted that her alleged confession was a
lie and she herself was the instigator
and perpetrator of the murder, Thorn
being ignorant of the killing until after
Gufdensuppe had been shot by Mrs.
Mack.
Tho 1vo,,,on vnc not Drod,1oed during
the second trial, but Thorn went on the
stand and substantiated all the asser-
tions made by his lawyers as to the mid
wife's guilt. The story did not have the
desired effect on the jury.
When court opened this morning,
Lawyer Howe began a summing up in
behalf of Thorn. Judge Maddox's
charge was carefully prepared and we'll
delivered. 1t was accredited by the law
yers for the prisoner to be extremely
lucid, fair and impartial. The jury re-
mained in deliberation just three hours,
when they sent word to the judge that
they were ready to render verdict. The
fact of their remaining out so long gave
hope to the defense. but as each one of
them took his seat in the jury box his
facial expression told very distinctly
the result of the three hours conference.
Guilty of the charge preferred" were
the ominous words which fell from the
lips of the foreman of the jury. Thorn's
LAWYERS at once moved for a new trial OH
the ground that the verdict was not in
accordance with the weight of the evi-
dence, but the motion was overruled.
an .,f
has not been made known by the Queens
county authorities, but it is generally
thought that the people will accept a
plea for her which will not call for cap
ital punishment.
As soon as the District Attorney ar
rived, Mr.. Howe made motion to have
the question asked Thorn yesterday as
to his hearing the reading of Mr.. Howe's
affidavit in reference to the coming of
the witness, Peterson, from Germany,
stricken from the record, as Thorn was
not present when the affidavit was pre-
scented and read before Judge Smith last
October.
The Judge directed the stenographer
to strike all reference to the afhdaVit
from the records and requested the jury
to pay no attention to it.
Mr.. Howe then asked that the jury
men be permitted to so to the Woodside
cottage.
Il want them to see," said he, chow
impossible it would be for one person
alone to cut up the body as described in
q bath tub of the size of the one in the
Woodside cottage without marking the
sides of the tub"
The peoples lawyer demurred and the
court refused to grant Mr.. HoWes re-
quest. A few minutes later, Justice
Maddox reconsidered his decision and
allowed the jury to go to the cottage by
special cars. Then court adjourned Tor
an hour and a half.
There is some discussion as to wheth-
or a mistake was not made by the court
in not sending Thorn to Woodside with
the jury.
NIr. Howe said Thorn would waive his
rights to go with the jury. Lawyers say
that the Court of Appeals has number
Of capital cases decided that counsel has
no right to waive any Of the prisoners
rights, and that the action of Mr.. Howe
may leave a loophole for new trial IN
case Thorn should be convicted.
When the party returned to the court
house and Judge Maddox had resumed
his seat on the bench, Mr.. Howe be-
gan to sum up for the defense.
Mr.. Howe repeated his severe arralgn-
ment Of Mrs. Mack, made at the opening
Of the trial and added bitter denuncia-
ton of Barber Gotha.
In conclusion Mr.. Howe insisted that
Thorn should be acquitted of the charge
which the State has made against him,
and he hoped the jury would not make
any COMPROMISE, as that would be hor-
rible mistake. District Attorney Youngs
with his final address.
Mr.. Youngs said that the plea made in
Thorn's behalf was as old as the Garden
Of Eden. He regretted that Mrs. Mack
and Thorn had not been tried Jointly,
but reminded the jury that the woman is
not on trial now. In due time she would
be brought to the bar and he had no
doubt that substantial justice would be
meted out to her. The prosecution pro-
ceeded to review the evidence, which he
held to establish the guilt Of the ac-
Cused.
Mr.. Youngs having concluded, Judge
Maddox called the jury to stand up.
Thorn watched them closely. When the
Judge began his charge Thorn's face
took on a slight flush. He fastened his
eyes on the Justice and Was evidently,