The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-12-01

request a rev minutes later justice
Maddox reconsldered his decision and
allowed the jury 10 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 iurV's time.
No one was permitted upon the premis-
es during the time the Jurors were IN
the cottage.
There Is some discussion as 60 wheth-
er mistake was not made by the court
In not sending Thorn TO Woodslde with
the jury, At the time Mr. Howe asked
that the jury be sent to Woodslde to
Inspect the eottage.he said Thorn would
waive his rights to go along with the
jury Lawyers say that the court Of
appeals has In number OF capital cases
decided that counsel has no right ia
waive any OF prisoners rights, and
that the action OF Mr., Howe may leave
q loophole for new trial in case Thorn
should be convicted
When the party had returned TO the
court house and Judge Maddox had re-
sumed his seat on the bench, Mr., Howe
began to sum up foc the defense,
Mr., Howe repeated his severe ar
ralgnment OF Mrs. Mack, made az the
opening OF the trial, and added bitter
denunclation OF Barber Gotha.
In conclusion, Mr., Howe insisted that
Thorn should be acquitted OF the
charge which the state has made
against him, and he hoped the Jury
would not make any compromise as
that would be terrible mistake,
District Attorney Youngs followed
with his final address.
Mr.. Young said that the plea made In
Thorn's behalf was as old as the gar
den OF Eden, lie regretted that. Mrs
Mack and Thorn had not been tried
Jointly. but reminded the jury that the
woman Is not on trial now In due
time she would ne brought to the bar
and he had no doubt that substantial
Justice would he meted out to her. The
prosecution proceeded to review the eU-
idence, which he held to establish the
nuilt OF the accused
Mr.. Youngs having concluded, Judge
Maddox called on the jurymen to stand
up. They compiled. and as they stood
In their places Thorn watched them
closely. AS the Judge began his charge
Thorn's face took on slight flush. He
fastened his eyes on the justice, and
was evidently impressed with the SOL
emnity Of the occasion.
The Judge explained the law govern
ing evidence and defined the difference
between murder and manslaughter.
The charge to the jury occupied thir-
ty-elght minutes In It's delivery.
The Jury retired from the court room
at 2:25 o'clock. and a recess was order
ed until o'clock
At half-past nve o'clock Judge Mad
dox re-entered the court room and rap
ped for order The Judge directed the
Jurors to be brought In. At 5:35 o'clock
Martin Thorn was brought in. The prls-
| oner did not show any smE OF nar-
vousness as the Jurors fled into the
box and answered to their names. AS
soon as this formallty was over the
clerk OF the court addressed the Jurors
and said:
Gentlemen OF the jury, have you
agreed on verdict?"
YES We have" answered Foreman
| Thomas Morse.
Thorn faced the Jurors stolcally, but
It was easily seen that he was con-
trolling himself with great difficulty.
His lawyers evidently were more per-
turbed than Thorn.
When the Jurors stood up, the clerk OF
the court again addressed them, and
said:
"How say you, gentlemen, is the prls-
oner guilty or not guilty."
There was a painful silence and the
Jurors looked at each other, evidently
wondering who should answer, Finally
Foreman Morse spoke In q joltlng, ner-
vaus way. and said:
"we find the prisoner Martin Thorn,
guilty Of the charge as preferred
Then the clerk read the verdict from
! the back OF the paper handed to him by
the foreman.
Lawyer Howe asked that the jury be
polled AS the name ot each man was
called out and he was asked rs that
your verdlct?" he answered Yes, slr,
| Thorn all the time was looking steadily
at the front row Of the Jurors. He drop,
ped into his seat the moment the roll
call was completed.
District Attorney Youngs then arose
and moved that day be set for SEN
tence.
MI Howe was on his feet immediate
Iy and moved for a new trial on tht
ground that the verdict was against
tho weight OF the evidence adduced.
Judge Maddox denied the motion fol
n new trial. Mr.. Howe asked the court
to postpone the passing OF sentence un,
IN next Friday, and Judge Maddox SCI
n down for Friday next at 10 o'clock IN
the morning. Then court thanked the
| Jury and discharged them.
lust then Thorn leaned over and
sonkp Ia his lawyers The Judge direct
I'D that Thorn be removed from the
court room. --, A..
Judge, said; -, .,t, NJ,
n few minutes conversation with my
| client riuht hero" -,
This request was granted and Mr
Howe said: THANK you; that is all.
nnd Thorn was taken away, stiIl htaF-
ing himself as coolly as ever
None Of the Jurors would tell any
thing nbout their deliberations, but
| Il was learned from rellabie person.
ehat the first six ballots stood IL 10
for conviction. on the seventh paIIe'
they all agreed.
refused TO nestfnin the Mayor.
PHILADELPHIA, Pa, Nov 1O--Thc
common pleas court to-day refused to