New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-13
THORN JURY DISCHARGED.
A NEW TRIAL TO BEGIN on MoNDAf'
NOVEMBER %.

TIE ILLNESS OF Mr. LAfNShN' O'" vs.
JupoRs. MAKES THIS COURSE NECESSARY
MR.. HOWE PAYS HIS COMPLIMENTS TO
MR. FRIEND. CALLING HIM IAN
INSIGNIFICANT LITTLE IMP
AND IAN INSECT"
Tho ;urv impaneIled TO try Martin Thorn 'or
tho murder Of William Guldensuppe was !eS'o
aav discharged by Justice Smith on account Va
The illness Of the juror Larsen, whose p"S ''0i''
testified that he would be unable 10 aPpe'' -
cour. for month. new jury VIII NC i'''p
eued and the case retired from the Des'""'"S
Justice Smith Will call the case LOT "i"'
from next Monday, November - ,u
J,,,,o,, u Howe counsel for the prisoner
.,,.aa.,aa +o District Attorney Youngs that the
d., ho discharged and that for the new jury
- ,aos accent the eleven well jurors ana
,e,ect a twelfth from new panel in the usual
wav Tho District-Attorney consulted win MS
ass,stants in the case and declined 10 acceP'
the suggestion. He likewise declined 10 proceeu
ulth the trial with the eleven Jurors his opJe0.
IN both cases was to prevent any possipI''S u
tho verdict Of the Jury being thrown out Oh
technicalities. ~,
when court opened yesterday morning Justice
Smith ordered the names OF the jurors 10 DE
called. and eleven of them answered Dls'lic'-
Attorney Youngs addressing the Court sara he
would call Dr. William Burnett to testly as u
the present condition Of the sick juror Aai sun
Dr Burnett said that he assisted IN the opera'oi'
on Mr.. Larsen on Thursday night, ahd' al'hous"
the patient was in q favorable way 10 reooFei''
It would be at least month before ne "ouiu oe
able to attend court
On hearing this statement Justice smith saiu
that in the opinion OF the Court IT would De
no i1lrN,
Grafton Of the case.
SUGGESTION OF MR. HOWE
At this Mr. Howe addressed the Court sd!
ing: IT would suggest, Your Honor that 'hiS
oosa no adjourned for one month, until Juror
Larsen is able TO appear in court "o"iu
also favor the proposition to dismiss the eleven
Jurors. and then have both sides accept thein
Gov q new trial. and that the twelfth juror be
selected from a new panel This would allow
the case TO go on without much delay as the
testimony thus far taken could be read to the
new juror
District-Attorney Youngs said he was favor
ably Impressed with Mr. Howe's proposition
hut IL was not clear in his nina whether II
would be legal to proceed with the second triai
with a Jury constructed in the manner as sus-
rested by Mr.. Howe Mr.. Youngs asked the
Court for an adjournment until O'Clock III 'h'
afternoon. TO allow him time TO look up the law
and consult legal authorities to determine 'he
point in question. and such an adjournment was
then ordered - 1,..e, anil.
This is a very unfortunate affair. HAD we been
able to 20 on the trial would probably nave pen
Finished in few days. The delay however VIII
hot prevent the conviction OF morn
'Wn Mrs Mack he put on the stand again
for the prosecution" he was asked
That cannot say" he replied NO one can
con1nel her 10 tell that horrible story over again
If she does not care 10 do so II she reluseH
to testify again. it is question wle,li c tl'
rrosecution could not have her sworn confession
offered in evidence at the second trial of Thorn.
After another jury is obtained we can fnsh me
prosecution in two days the case oeins SO Gr ,at
against Thorn. 1t is evident that we snail not
need hardly half the witnesses summoned Tor
Cnmrt reconvened at | o'clock in the after
noon AS soon as Justice Smith took his seat
District Attorney Youngs arose and SAID ne
thought IT best not TO accept the eleven jurors
10 hear the case. with another juror 10 DC
drawn. He deemed it best that an entirely new
Jury be sworn, and that the case begin over
again.
THANKS ALL AROUND.
Then Justice Smith addressed the eleven
Jurors. thanked them for their attention TO the
case and discharged them Mr. Howe and Dis
trict-Attorney Youngs thanked the Jurors, and
the foreman. on behalf Of the jurymen, thanked
the Court. the District Attorney and counsel
for the defence. as we'll as the court ATTENDANTS
for the consideration which had been shown
them.
After the Jurors had left the box, District
Attorney Youngs next addressed the Court lie
made a motion that the trial proceed on Mon
day and that a new panel Of talesmen be drawn
on that day from which to select jury to try
Thorn.
MIR Howe told the Court that some researches
were now being conducted for the defence, and
he asked for an adjournment for few days
after Monday. Justice Smith said the case
20 he.f
adjourned it to November ~.
About twenty minutes after the adjournment
or court, and while Mr., Howe was sitting in the
rotunda outside the courtroom talking to some
newspaper men, Mr.. Friend, counsel for Mrs
Mack, appeared.
also spoke 10 Mr.. Howe. but the latter at first
made response Finally Mr. Howe scowled
at Mr. Friend and shouted at him in angry
tones: you insignificant little imp, you insect
! ought not TO notice you. You are not worthy
Of being considered a respectable rival of Howe
& Hummel"
men. and this seemed to anger Mr. Howe all the
more. Mr.. Howe got up, and as he walked down
stairs he continued his TRADE against Mr.
Friend.
MIR. Friend said that he never had consulta-
ton with District AttOrney YOungs regarding
lenency to be shown Mrs Mack for her confess
sion, and added that I'm fact. he had never
spoken to the District-Attorney until the time
of the confession.
The panel for the new jury to try Thorn will
he selected Wednesday. The names Of many
of the talesmen on the panel from which the
jury which discharged was selected will be
called again.
KELLEY GETS THIRTY YEARS.
SENTENCE OF THE GREAT FALLS BANK MUIR.
DERER WHO CONFESSED.
Dover. N H.. Nov. 12.-Joscph L. Kelley was pro-
nounccd guilty of murder In the second degree b.