The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1897-11-22
9HORu'S SECOND TRIAL
Judge Smith Unable to Preside
Women 10 the Audience
-Talesmen Called.

COURT HOUSE, LONG ISLAND CITY,
N. Y, Nov. p. lS97.-4Martin Thorn, the
barber, who was Jointly indicted with Mrs.
Augusta Mack for the murder of William
Guldensuppe, Il bath attendant, was
placed on trial for his life two weeks ago
today in the crimina branch of the Su-
preme Court OF Queens county.
trial, after Mrs. Mack had given her SEN
sAtional evidence on the third day, mao 10
be abandoned IN account OF the serious
Illness of one of the jurors, Mangus Lar
sen.
The presiding judge, Justice VVilmot M:
Smith, after nearing the arguments OF
counse on both sides, ser the trial down
for this morning and a new special panel
OF talesmen was prepared.
Sickness again played a prominent part
when the hour for the trial was reached
this morning. Judge Smith, as soon as ne
arrived at the Court House In Long Island
City, sent for District Attorney YoungS
and tod him that he was suffering from
chills and ague, and that rather n FISK
the possibility of a second mistrial ne
deemed it better to telephone for eltner
Justice MADDOX or Justice Gaynor TO Try
The case.
Il have been Ill for some days past"
said Judge Smith to a representative OF
the Associated Press, "ana while i feel a
great deal better this morning l am alfald
that l would not be able TO last througn
the trial. and deem it safer for the pest
interests OF every one concerned that l
should not take any risk"
Messrs. Howe and Moss, who are
Thorn's legal defenders were at the Court
House before nine O'Clock, and when they
We're informed of Judge Smiths indisposl-
ton they hurried at once to his room ana
declared that they were very sorry tnat
he. felt unable to proceed with the trial.
At a quarter past ten O'Clock District
Attorney Youngs received a message from
Brooklyn informing him that Justice
Samuel P. Maddox was on his way to the
Court House.
AT lO:l5 Judge Smith took his seat on the
bench and announced that he had deyel-
oped malarial symptoms during the week
and that at the advice Of his physicians
he did not think ii safe TO PRESIDE at the
trial in case he should break down: He
added that Justice Maddox would take his
place. District Attorney ToungS for the
prosecution and mir. Howe for the defence
Judge Smiths retiring from the conduct
OF the trial, and Mr.. Youngs also asked
the Judge to draw the attention OF the
! Grand Jury TO the bad ventilation of the
taken until eleven O'Clock.
At five ninut after eleven O'Clock
Captain Methven brought Martin Inorn
to the Captain and Constable Charles W.
Baylis of Jamaica walked on his left
side.
Thorn's appearance was changed some
what by a ten days growth of hair on his
upper lip. His hair was as usual careful
ly combed and brushed back from his
His face bore no trace of anxiety, and If
anything he looked better than at any
time since his arrest.
Judge Maddox took his seat on the
bench at 11:07, and Clerk Seam began the
calling of the names of the talesman on
the new special panel.
During the calling of the panel the Wis
itors who were fortunate enough to Sc
cure the necessary cards from Sher1T
Don't crowded into the galleries. All the
seating room was soon taken up, prtn-
cipally by women, who were more promi-
nent than at any time during the days of
the abandoned trial.
About a score Of the tlesmen on the
panel We're excused for various causes,
and there were several absentees, who
will hear from Judge Maddox later on.
In all over 100 mel answered their names
as they were called and there was a long
delay after the names of the absent had
been announced for the second time.
Judge Maddox left the bench for a few
minutes to confer with the District At
torney.
When he returned District Attorney
Ioungs moved that the trial of Martin
Thorn proceed, and Counsellor Howe said:
We are ready; your Honor, on beha1f of
Martin Thorn was then told by the
Clerk of the Court to stand up.
The tedious work of procuring a jury
was then begun.