The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-12-02
MARTIN THORN FOUNDGU|[Ty
CONVICTED OF MURDER IN THE
FIRST DEGREE IN KILLING
WIN. GULDENsUpPE.
PRISONER DISPLAYED No EMOTION
raced the Judge, Jury and specta-
tors With Apparent Unconcern.
VIII BE Sentenced Friday.
Jury Out Three Hours.

New York, Nov. 30-Martin Thorn
was today convicted of murder in the
first degree in killing William Gulden-
suppe, his predecessor in the affections of
Mrs. Augusta Mack, at Woodside. I.
on June 25. At the request of Thorn's
counsel the passage of the death SEN
tence was deferred until next Friday
morning. Thorn heard the jurymen
polied on their verdict, but his face
never changed color during the irving
ordeal. With lips firmly compressed
and jaws hard set, he faced the Judge,
jury and court room full of spectators
with well-feisned stoicism.
About three weeks ago Thorn's first
trial on the charge of murder was begun
but owing to illness of juror it had to
be abandoned after two 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 Thorn's
lawyers to change their line of defense
in the second trial and they made a
direct charge against Mrs Mack and in
sisted that her alleged confession was
lie and that she herself was the insti-
gator and perpetrator of the murder.
lhorn being ignorant of the killing until
after Guldensuppe had been shot by Mrs.
Mack. The woman was not produced
during the second trial, but Thorn went
on the stand and substantiated all the
assertions made by his lawyers AS TO
the midwife's guilt. His story, as the
verdict shows, did not have the desired
effect upon the jurymen.
When court opened this morning Law
of Thorn.
Judge Maddox's charge was carefully
prepared and well delivered. II was ac-
knowledged by the lawyers for the pris-
oner. to be extremely lucid, fair and i'm
| partial.
The jury remained in deliberation Just
three hours when they sent word to the
judge that they We're ready to render a
verdict. The fact of their remaining out
30 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 moved for new
trial on the ground that the verdict was
not in accordance with the testimony.
What will become of Mrs. Mack has
not been made known by the Queens
county authorities but it is thought the
people will accept plea from her which
VIII not call for capital punishment.
the jurors to be brought in. At 5:35
o'clock Martin Thorn was brought in by
Sheriff Don't. The prisoner did not
show any signs of nervousness as the
jurors filed into the box and answered
to their names. AS soon as this for
mality was over the clerk of the court
addressed the jurors and said:
"Gentlemen of the. jury, have you
agreed on n verdict?"
"Yes, we have" answered Foreman
Thomas Morse.
Thorn faced the jurors stoically, but it
was easily seen that he was controlling
himself with great difficulty His law
yers evidently were more perturbed than
Thorn. ..t
When the jurors stood up the clerk of
the court asked:
"How say you, gentlemen; is the pris-
oner guilty or not guiltyY'
There was a painful silence and the
jurors looked at each other, evidently
who should answer. Finally
Foreman Morse spoke in a jolting, ner-
voi,s way, and said:
I'VE find the prisoner, Martin Thorn,
guilty of the charge as preferred"
Then the clerk read the verdict from
hn M bo p1DI fn him hy fhc
Lawyer Howe asked that the jury be
oolled. As the name of each man was
called out and he was asked "1s that
Tour verdictT' he answered "Ycs, SIR"
Thorn all the time was looking steadily
It the front row of the jurors. He
lropped into his seat the moment the roll
all was completed.
District Attorney YouDgs then arose
md moved that day be set for sell
ence. Mr.. Howe was on his feet imme-
lately and moved for new trial. on the
Weight of evidence adduced.
Judge Maddox denied the motion for a |
lew trial. Mr.. Howe asked the court |
O postpone the passage of sentence until |
ext Friday and Judge Maddox put it |
own for Friday next at 10 o'clock in |
he morning. Then the court thanked |
ne jury and discharged them.
Just then Thorn leaned over and spoke.
o his lawyers. The judge directed that
thorn be removed from the court room.
ir. Howe arose and addressing the
udge said
"If it please your honor ! wonld like
few minutes conversation with my |
lient." This request was granted and
Mr.. Howe said: 'Thank you,
hat is ALL" and Thorn was taken away,
till bearing himself as coolly as ever.
None of the jurors would tell anything
bout their deliberations, but it was
earned from reliable persons that the
rst six ballots stood eleven to one for
onviction. On the seventh ballot they
II agreed.