The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-11-23
THORN'S NEW TRIAL Is ON.
JUSTICE SMITH CONF EELED TO RE-
FIRE BY ILLNESS.

Justice uaadeN selected ts Try the Case
seven Surers Chossn-Csunselior Howe Out~
nnes nis Derenco In His Examinatien %
the Tnicsusu-Hts Hypothetical Question.
Martin Thorn, the barber, who is charged
with having murdered William Gieldsensuupe
on June 25 was put on trial for the second time
in the supreme Court Of Queens county sitting
in Long Island City yesterday morning. The
renewed effort on the part Of the State to fas-
ten the crime upon him was attended with Ill
luck. Justice wilmot M. Smith, who presided
at the former trial, announced from tho bench
that he was too Ill to hear the case, and Justice
Samuel T. Maddox of Brooklyn took his place.
Two hours delay wat caused by reason of this
misfortune, but after Justice Maddox asuended
the bench he hustled things along with great
celebrity. Seven jurors had been selected at the
close of the days work. While this does not
equal the record of the last proceeding. where
the full complement was chosen on the first
day, 1t is considered quite as remarkable. owing
to the great n~otoriety that was given tho case
at that time and the consequent likelihood Of
prejudice being aroused In the minds Of tho
talesmen.
That tho interest of tho public had partially
subsidized was shown by the smallness Of the at
tendance as compared with that at the former
trial, and Tho dulness Of the days proceedings
evidently bored those who took the trouble to
come.
Thorn was brought into court at $50 o'clock
manacled. as usual. to Capt, William bfethven.
No change was noticeable in his appearance
save that his upper lip showed the faint tr1ce
of q mustache. A moment later Justice Smith
,ntered the courtroom. He looked pale and bag
gard. As soon as court was formally openei
he announced that his condition was such that
he did not dare 60 on with the trial. His ply
stefan had told him he was suffering with
malaria, due in part to the confinement in the
badly ventilated Court House. He feared that
he would break down under the strain of added
labor and that n mistrial would result. II was
be sent for. After District Attorney ioungs
and Mr.. Howe had expressed their regrets, q
sent out for a Justice. Justice Maddox re-
sp9,nded to the CAL and was on hand At Ill
called and the lawyers settled down TO the
1t soon became apparent that more time was
occasion. Mr.. Youngs fired questions as fast
rs he could get them out, but Mr.. Howe was
his queries. He showed plainly BY a hypothed.
cal question just what the character Of his de-
fence was to be. The purport of the question
A man is on trial for murder. Another per.
son swears that this m m did the killing. The
man swears that the other person did the kill
II there were a reasonable doubt as to who did
cutting up of the body or the disposition Of III
Before Mr.. Howe would accept a talesman that
talesman had to say that he would acquit the
defendant referred to in the hypothetical
Sometimes Mr.. Howe used the names Of
Thorn and Mrs. Mack in the forming OF the
question, and this made 1t all the stronger. The
summing up beforehand, but the Justice over.
ruled them. Thus Mr.. Howe thinks that by
attacking Mrs. Mack he may be able to raise q
doubt as to who actually killed Gieldeussuppe
and secure an a~cquittal for his client Of the
charge of murder in the fret degree. After
court, when 1t was suR. ested to him that this
certainly made Thorn an accessory after the
fact. he replied:
thing about that"
The change OF Justices caused q change as to
tho time for the use Of peremptory challenges
by the State. Justice Smith ruled that the
privilege must be used before the talesman was
turned over I. the defence: Mr.. Howe eI'
cepted to this. just as he did to Justice. Mad
was to lengthen tho examination.
Two jurors were obtained before the court
took o recess for lunch. On reconvening
procycas was comparatively slower. and in the
four and o half hours following but five addi.
tional names were added to the panel. Those
drawn 30 far are:
MORSE. THOMAS. builder. Corona.
WEEKS. JACOB H.. florist. Baysde.
Cox, GEORGE W., Jr. mason. Sea CHI.
HATFIELD, WILLIAM w. carpenter. Hampstead.
GERMosp. WELLINGTON. builder. Jamaica.
DoRLoy. JOHN s.. farmer. Woodneld.
FISCHER, LOUIS. carpenter. Laurel Hill.
The work of completing the jury will DO taker
hope to finish by noon, and then the trial will
commenco In earnest,