The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-11-27
MRS. MACK NOT CALLED.
State Springs Sensation in the
Thorn Trial.
MOVE REGARDED AS SET BACK
FOR DEFENCE.

Thorn's Lawyers Taken Completely by
surprise-Attorney Moss Promises That
Monday Will be a Lively Day-Declines
to Say Whether Thcrn VIII Go on the
Stand.
New York, November 26.-Lawyers
Howe and Moss, who have diligently con-
Quoted the defense of Martin Thorn, &C.
cused of killing Guldensuppe, met today
with serious and unlocked for obstacle
when District Attorney Youngs informed
the court that the people rested their case.
1t had been generally expected that Mrs.
Mack would be put on the stand to reiter-
ate her confession.
This may seem very clever move on
the part of the prosecution, said MIR.
Howe, "but 1 am more than positive that
when we introduce our evidence the jury
will acquit my client OF the crime with
which he is charged
The evidence adduced today by the
prosecution showed possible inclination
on the defendants part to get rid Of his
enemy, Guldensuppe. Each was the ad-
mirerer of Mrs. Mack, and it was proved
that they had serious row last March.
From current reports Guldensuppe had
much the better of the argument when it
came to fisticuffs, and Thorn confessed
later that he had discharged revolver
accidentally, but few minutes after
wards told another friend that he shot ct
Guldensuppe but missed his mark.
When it was about time to renew the
Sensational story of Mrs. Mack, the prose-
cution informed the court that the people
had rested.
Thorn was less surprised thanthe lawyers
when the statment was made Tn orn
took in the situation at 6 glance and bent
forward in earnest conversation with his
lawyers.
Mr.. Howe, for the second time during
the trials of his client saw that there
were rocks ahead and appealed to the
court for time.
81 shall, with your honor's per-
mission he said 'try to get through
with my defense on Monday, but if it
should exceed that time I am sure L can
get in all my evidence in a couple of
hours on Tuesday"
Justice Maddox, after a conference with
both lawyers, decided to postpone the
further consideration of the case until
Monday morning.
The lawyers for the defense were resti-
cent when questioned as to the line Of de-
Tense on which they would base their
hopes of aoquitting their client.
Lawyer Moss, when pressed for a state
ment as to the probable production of
Thorn on the stand, said:
''Wait until you see him there. cam
not tell you anything just now, but Mon :
day will be lively day"
1t is believed that half dozen witnesses
will be examined by Thorn's lawyers and
it is expected that some of these will give
startling evidence which will tend to
shake that adduced by the prosecution.
The first witness called was the barber
Keehn, whose examination had not been
concluded when court adjourned last
Wednesday evening.
In reply to Mr.. Howe's question, this
witness admitted that the stiletto which
he had shown to Thorn had a poisoned
point. Then he said he only kept it as an
ornament and afterwards he said that
his brother had given it to him.
Edward Speck, a bartender who worked
in Frost's saloon at 304 East 18th street,
testified to seeing Thorn in that place on
Tuesday, June 90. He saw Thorn show
L,
that day. Thorn also exhibited some
money and said: This is what got
out of my carriage ride last Satu rday"
Carl Merich, who has q shop at 34th
street and 18th avenue, was the next wit
ness. He said that he knew Thorn and
that the latter told him about living with
Mrs. Mack and having had row with
another boarder, Guldensuppe, at which
time he fired a pistol, but whom he did
not intend to hurt. This row occurred in
March or April last.
1t will be remem bered that according to
Police Captain O'Brien, the accused man
had told him he was in this barber place
on Friday, June %, the day OF the
murder.
Merich said that he did not see Thorn
on that Friday. He was positive of this
and said he had received a letter from
Thorn in which the prisoner asked him
| to say that he was sent for the bottle of
| shampoo mixture on June 20, and had
been in the place the greater part of Fri
| day The witness gave the letter to Capt
O. Brien the day after Thorn was arrested.
Merich identified the letter when it was
handed to him by the prosecuting lawyer.
| In answer to Mr.. Howe, the witness
said be had known Thorn for long time
and the prisoner had always had an ex-
| cellent character.
| Captain 'Brien was recalled. Lawyer
Howe then asked that Mrs. Mack be pro
duced for the purpose of Identification
and she was brought in in the company
of Lawyer Friend. MIR. Howe addressing
| Captain O'Brien, asked:
Captain, is that the woman who sale
what YOU said she said after she was ar
rested?" pointing to Mrs. Mack.
Eyes" replied the captain.
| After some dickering between the
lawyers Surrogate Wells of the prJsecu.
ton said that Mrs. Mack would nkt b'
called today.
Detective John MoAuley told of con,
versation he had had with Mrs. Mach