The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-12-01
MARTIN THORN TO DIE
FOUND GUILTY OF THE MURDER OF
WILLIAM GULDENsUPPE.
A-
Heard the Jury Pronounce His Doom
and Faced the Judge without Dis
play of RemOrse or Fear.
TO BE SENTENCED FRIDAY
MOTION FOR A NEW TRIAL OVER
EULED BY JUDGE MADDOX.
H
Mrs. Augusta Mack ExOnernted by Her
ParamOur, and Likely to Escape
Capital Punishment.
TO BE SENTENCED FRIDAY
MOTION FOR NEW TRIAL OVER.
RULED BY JUDGE MADDOX.


gusta Mack, at Woodside, L. L., on June %.
At the request of Thorn's counsel the pass
age of the death sentence was deferred until
next Friday morning. Thorn heard the ju-
rymen polled on their verdict, but his face
never changed color during the trying or
deal. With lips firmly compressed and jaws
hard set, he faced the judge, jury and court
room full of spectators with well-feigned
stoicism.
About three weeks ago Thorn's first trial
on the charge of murder was begun, but
owing to the illness of a juror it had to be
abandoned after three days. A second trial
opened a week ago last Monday, and.
counting out three days on which the court
did not sit the trial consumed only six
days. Mrs. Nacks testimony during the
mistrial made it necessary for Thorn's law
yers to change their line of defense in the
second trial, and they made a direct charge
against Mrs. Mack and insisted that her al
| legged confession lie, and that she her
| self was the instigator and perpetrator of
| the murder, Thorn being ignorant of the
killing until after Guldensuppe had been
| shot by Mrs. Mack. The W. man 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 ver-
! dict shows did not have the desired effect
on the jurymen.
When court opened this morning Lawyer
| Howe began summing up in behalf of
| Thorn. Judge Maddox's charge was care
| fully prepared and we'll delivered. 1t was
| acknowledged by the lawyers for the pris-
oEer to be extremely lucid, fair and impair
tal. The jurors remained in deliberation
just three hours, when they sent word to
| the judge that they were ready to render
verdict. The fact of their remaining out so
| long gave hope to the defense, but as soon
as each one of them took his seat in the
jury box his facial expression told very dis
| tinctly the result of the three hours con-
ference Guilty of the charge preferred"
were the ominous words which fell from the
! lips of the for mar. If the jury. Thorns
lawyers moved for new trial on the
ground that the verdict was not in accord
ance with the weight of evidence, but the
motion was overruled.
Just what will become of Mrs. Mack has
not been made known by the Queens county
authorities, but it is generally thought that
| the people will accept plea from her which
will not call for capital punishment.
| JURORS VISIT THE COTTAGE.
| AS soon as the district attorney arrived in
| court this morning Mr.. Howe made a mo-
| tion to have the question asked Thorn yes
| terday as to his hearing of the reading of
| Mr.. Howe's affidavit in reference to the
| coming Of the witness Peterson from Ger
many being stricken from the record, as
| Thorn was not present when the affidavit
was presented and read before Judge Smith
| last October. me judge directed the stem
| ographer to strike out all reference to the
| affidavit from the record, and requested the
| jury to pay no attention to it. Mr.: Howe,
| having gained this point, asked that the
| jurymen be permitted to go to, the Wood
| side cottage. II want them to see," said
| he, ''how impossible it would be for one
person alone to cut up the body as de-
| scribed in a bath tub of the size of the one
| in the Woodside cottage without marking
| demurred and the court refused to grant
| Mr.. Howe's request. A few moments later
Justice Maddox reconsidered his decision
and allowed the jury to go to the cottage
| by special trolley cars. The court admon-
| ished the officers attending the jurors not
| to talk to them in reference to the case.
| Court then adjourned for an hour and
| half
The inspection of the cottage occupied but
| eight minutes of the jurys time. No one
| was permitted on the premises during the
| time the jurors were in the cottage. There
in some discussion as to whether mistake
| was not made by the court in not sending
| Thorn to Woodside with the jury. At the
| time Mr.. Howe asked that the jury be sent
to Woodside to inspect the cottage he said
Thorn would waive his rights to go along
with the jury. Lawyers say that the Court
of Appeals has in a number of capital cases
decided that counsel had right to waive
any Of q prisoners rights, and that the ac-
tion of Mr.. Howe may leave loophole for
a new trial.
When the party had returned to the court
house and Judge Maddox had resumed his
seat on the bench Mr.. Howe began to sum
up for the defense; He repeated his severe
opening of the trial, and added bitter de-
nunciation of Barber Gotha In conclusion,
Nv .s<-k0 f1,s4fF 1~I,1, Il
quilted OF the charge which the state had
made, against him, and he hoped the jury
would not make any compromises, as that
would be horrible mistake.
District Attorney Youngs followed with
his address. He said that the plea made in
Thorn's behalf was as old as the Garden
of Eden He regretted that Mrs Mack and
Thorn had not been tried Jointly, but re-
minded the jury that the woman was not
on trial now. In due time she would be
brought to the bar, and he had no doubt
that substantial justice would be meted out
to her; The prosecutor proceeded to re-
view the evidence, which he held to estab-
lsh the guilt of the accused.
Mr.. Youngs having concluded, Judge Mad
dox called on the jurylnen to stand up.
place Thorn watched them closely. AS the
judge began his charge Thorn,s face took on
justice, and was evidently impressed with
the solemnity of the occasion. The judge
explained the law governing evidence and
defined the difference between murder and
manslaughter. The charge to the jury oc-
cupied thirty-eight minutes in its delivery
The jury retired from the courtroom at 2:25
o'clock and a recess was ordered until
o'clock.
RETURN OF THE JURY.
AT half-past Judge Maddox re-entered
the courtroom and raped for order. The
judge directed the jurors to be brought in
At 5:35 o'clock Martin Thorn was brought
in by Sheriff Don't, the prisoner not show
ing and signs of nervousness as the jurors
filed into the box and answered to their
names AS soon as the formality was over
the clerk of the court addressed the jurors
and said: Gentlemen of the jury, have you
agreed on a 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 lawyers
were evidently more perturbed than Thorn.
When the jurors stood up the clerk of the
court again addressed them and said: How
say you, gentlemen is the prisoner guilty
mr. ~