New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-12-01
10 seventh ballot was made that the 1urymen

the seventh ballot was made that the 1urymen
were unanimous.
II could not be definitely ascertained who was
the Juror who stood out for an acquittal for %
long but It was understood that Mr.. Germono
was the Juror In question. When approached
by the reporters Mr. Germond would not ADMIT
that ne was the man who voted not guilty. but
he explained that the Juror who had so balloted
was not serious in hts vote. The Juror. MT Ger
mond said. knew how the jury stood. and mao
merely voted against conviction in order 10 oe'
lay matters and not to have 1t seem as though
the Jury had made unseemly haste In determih'
ing the fate OF the prisoner.
MRS MACK wEEPs.
few minutes after the court adjourned
Emanuel NJ Friend hurried to Mrs. Nacks cell
and informed her OF the result. Bursting INTO
tears she SAID II am sorry for him: pity MIN.
NV conscience Is clear. though. I have told the
truth and am willing to suffer the consequences
! am anxious to have my case disposed or
Now that Thorn Is out Of the way the ques'
ton arises as to what course VIII De pursued
with regard TO Mrs Mack Neither District
Attorney Youngs nor her lawyer. Mr.. Friend.
would say anything on this point last nisht' Out
4. was reported with some show OF authority
that within a week she would be arraigned ana
that plea Of guilty If murder In the second
degree on her part would be accepted py 'he
State II is denied that any immunity was prom
ised TO Mrs Mack upon condition that she con-
fessed. but II has been generally believed about
the courthouse that an understanding was ar
rived at between Mr.. Friend and Mr.. Youngs. to
the effect that she would be allowed 10 Pieao
guilty to the minor charge.
THE JURY VISITS wOODsIDE.
When the trial opened yesterday morning It
seemed plain that there was nothing to prevent
q speedy and prompt close Of the case. II was
expected that the summing-up OF counsel would
be at once proceeded with, and that the case
would go to the jury at about noon. An I'M
expected motion by Mr. Howe. however. delayed
the resumption OF the trial for over two hours
Thorn's counsel suggested that the jury should
inspect the Woodside cottage where the butchery
Of Guldensuppe occurred. Justice MADDOX al
first refused to allow this but afterward re-
versed his ruling and directed the jury TO WISH
the house. The jurymen Inspected the mouse
throughout making the journey in special
trolley car. and gave considerable attention 10
the bath tub in the rear room in which the body
was cut up.
Upon their return Mr.. Howe began his final
tones were low, but distinct. Soon however. he
brought the full force Of his voice into play. and
when he spoke of Mrs Mack he was particular
" vehement. During his address he walked
slowly up and down in front OF the 1ury-oox'
stopn,nr now and again to hold out his arms
1t full length in appeal to the jury to consider
.ome particular weakness in the links OF evil
aence forged by the prosecution. Mr.. Howe be-
ran by expressing his regret that the action OF
the State IN not putting Mrs. Mack on the stand
had preye nted him from referring to her tes-
timony IN the first trial.
GOrHA.s OATH AGAINST THORN's
Reviewing the testimony he hercely attacked
Gotha. who. he said. had sworn falsely when ne
testified that Thorn had confessed that It was
he who did the murder
"Gotha can remember all that Thorn told
him" he said, but Gotha cannot remember
where he went himself after that talk. They
nd heen drinking. Gotha had read OF re-
ward He asked Thorn questions. and Thorn
az Gotha Says. told him that he shot Gulden-
sunne Al that time Mrs. Mack was In the
custody OF the police Gotha had a. brother-in-
law on the police force. Put all these things
together Thorn swears that he told Gotha
that Mrs Mack had killed Gudensuppe. but
Gotha sees the reward vanishing from his nm
gers becau. Mrs. Mack. who was the MUIR
deress was already in custody. So he simply
transposed the names If Gotha had not been
called thera would have been no evidence
against Thorn. and now 1t is Gotha's oath
against Thor11s.
What testimony has there been that Thorn
fred the shotr" continued Mr.. Howe. raising his
hand to heaven In perfect frenzy Of appeal
"Only Gotha's-Gotha. the only witness who
testified that Thorn confessed to him that he
shot Guldensuppe. There the prosecution stays
its hand to prove the fact that Thorn fired the
fatal shot And So imp,ore you. you hope
for salvation. beg you. mplore you. and In
the holy name Of Justice demand OF you that
you give this man the fair consideration he Is
entitled 10!
THE OBSERVATION-DISCLOSURES REPLY.
Mr. Howe spok. for an hour and a quarter.
and was Immediately followed by Dstrict-At-
torney Youngs. who spoxe with great vigor and
earnestness Replying to MIR Howe's charges
regarding the refusal Of the State to put Mrs.
Mack on the stand. he said that the people
held that she was equally guilty with Thorn
Then, answering Mr.. Howes attack upon
Gotha's credbity and character. he asked why
witnesses were not called from among Gotha's
a associates to irnpeach his character. Gotha, he
said. was clean handed and there were not just
grounds for attacking his veracity. MT. Youngs
attacked Thorn's profession Of love for Mrs.
Mack and wanted to know why he had told
varying stories to Captain O'Brien 1t appears.
said Mr. Youngs that Mr.. Howe based his
greatest hopes for Thorn's acquittal on the fact
that Mrs Mack was not brought forward to
testify: bat why had he not called her FOR the
defence? Mr. Youngs drew the attention OF the
jury particularly to the testimony that Thorn
h sd bought the plaster Of paris between and