The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-12-01
MARTIN THORN CONVICTED.
JURY OUT THEE HoURs-STooD
AT FIRST II TO I.

nouncea-Ths JuPy Visits the Woodside
CottsGe In the Merning-Howe's Dramatic
Appeals for nts Clieut-N1rs. Mack wesps
over the rate or the lever she Betrayed
Tho Case viii ne Appeaiea-sentence to Ne
Passed en- 1~riday-Howes Cenjectures.
Martin Thorn stood in the courtroom IN
Long Island City last evening and heard twelve
men,, one after tho other, pronounce him guilty
of the murder Of William Gieldsensuppe. II
was the end for him of moro than five months
OF futile subterfuge in a vain effort to avoid
tho doom of death. The struggle was over and
the fearful strain OF this last weeks fight for
life relaxed. To most men similarly placed
the sound Of those solemn voices In the tensely
excited courtroom would have brought such
overwhelming emotions. so great q reaction
from the terrible suspense, that their Wills
could not have checked tho torrent Of emotion
that would have flooded to their faces.
But this man only smiled and lapsed again
into that oallousness that has stamped him
through all his trial as a creature without sen.
sibility. With no hate. no sorrow. no regret he
looked the twelve men squarely in tho eyes
and then sat down beside his counsel, perhaps
to hope again. perhaps prepared to meet the
sentence that will DO imposed upon him next
Friday. There 10 no alternative but death, for
tho verdict was for murder in tho first degree,
and In the opinion Of all save tho attorneys for
the defence the hope of n reversal OF this verdict
In the higher courts 10 absolutely vain.
The verdict was generally expected. There
were n few who professed TO think that the plea
of Mr.. Howe would SO confuse the Jury that q
compromise would follow and o verdict for
granddaughter be returned. When the Jury re-
manned out three hours this belief began to grow
In strength and after developments showed that
1t had in fact som basis. Seven ballots were
taken in the jury room before an agreement was
reached. They all stood eleven for conviction
and one for acuuittal. In the end this last man
changed his vote and Thorn's fate was sealed.
When the prisoner came into court In the
morning, knowing it to DO tho nnal day of his
trial. knowing that before night should come
again the struggle would be over, he stepped AZ
lightly as has been his habit and his face was
just as free from care. He was seated in his
customary chair and gazed with quiet uncon.
Germ at the crowded galleries above him. Mr..
Howe was there already. very pale for him. and
seemingly constrained. The District Attorney
and his assistants were also In waiting. Then
Justice Maddox entered and the court was
ready for the summing up.
But Mr.. Howe had two more bolts to shoot
before he entered upon his argument. Upon
his honor he declared to tho Court that Thorn
had not been present on tho day he made his
application, months ago. for the postponement
Of his trial. He asked that all Of tho testimony
Of his client, who had sworn that he could re-
member nothing Of this application. be stricken
from the record. for fear 1t might prejudice tho
rest OF his evidence In the minds of the jury.
Mr.. iounRs was willing, and the Court 80 or
dered. Then Mr.. Howe made his final play. He
asked that the jury might DO allowed to 30 to
the Woodside cottage and see tho scene OF the
crimefor themselves. He thought Il particu-
larry important that they should see the bath
tub in which tho prosecution maintained Thorn
had cut his victim up alone and unassisted.
Justice Maddox at first declined to grant the
motion, but whom the District Attorney of his
own volition declared that he thought 1t might
DO best, he changed his mind. So it was ordered
that the jury should go in o special trolley car
to Woodside. Guarded by six officers of the
court sworn to allow no ono to approach them
and ordered even not to speak among them
selves, tho jurymen filed out of the courtroom.
Solemnly and In silence they made the trip.
They entered the little cottage. mounted the
steps up which Gieldsensuppe had gone that day
to his death. gazed at the undented lining Of the
bathtub, and returned to court. Then they
were ready for the flights OF oratory.
Mr.. Howe. Of course. opened. He began In
low, solemn tones. touching, as 10 the custom OF
Jury lawyers, upon tho awful responsibilities
resting upon the jury. He spoke with deep
regretof his inability to refer to the testimony
OF Mrs. Mack given at the former trial, and then
he struck the keynote of his appeal, for II
scarcely could DO called argument.
MAN Is weak and e%rring." he said. as he
leaned over the rail of the jury box, land liable
TO fall, through the wiles of a wicked woman.
Let me tell you all. though my belief amounts ia
nothing and should have no weight with you.
that there will be a Judgment in the great here
after when a woman with a pistol in her hand,
t,ReI from - her Sg, 9%n hG%se. will appear as the
on the woman. holding her wholly responsible
over Thorn. He drew a picture OF Thorn on the
witness stand. q poor. miserable, weak. unedu,
f frIsnd saF IN fs. Gst II Sis I III his hsr Htsff ss ls sRS ais
SAsmlnstiop Of Monday with fortitade. speak
IA you hope for salvation" he cried; " as
you expect 70 go home TO your wives and little
sciences the rest Of your lives implore you in
the PAM Of jpsties.aay, dspsndT,that you
So he continu, q going from appeal to denun,
SSiation, with only now and then an argun eni
as liar, q p%erjSrer. and peTyorter. 0'A
The Judasl The Judas! The Judasi" he
He had sold his friend for foul blood money.
evidence the fabric Of the prosecutors case
OF GethseInane is excelled. The said. Judas
WAS q saint In comparison with this Gotha."
He pleaded for a verdict of manslaughter fol
his client, p%icturing the horrors Of a life In
prison. He threatened them with the conse
Sasnees Of q terrible mistake. First. on one
string and then on another OF the emotions the
lawyer played, rarely appealing to their reason
He talked an hour and q half.
District Attorney Youngs surprised oven hii
friends by the clevernesso OF his argument.
The woman tempted mo and ] did YIELD
were his opening words. Mr.. Howe's plea wal
chartered At tho outset. Following this line tn,
District Attorney went on. He did not defont
Mrs. Mack. He scourged her. He wished that sh,
were there on trial with Martin Thorn. ,Befor,
he would see that she got justice. He defended
Sotha, Mr.: Howe had hurled epithets. but h
had brought no Witnesses to prove his frightfu
charges. As to Mr.. Howe's oratory. he sale
that only Mr.. Howe and his conscience coult
gay how many guilty men had escaped througl
his eloqyence. With, this left.handed compii
ment TO MS opponent no warned the jury to be
Coming down to the prosecutions evidence
MT. Youngs analysed 1t clearly. and thus havinl
ripped to pieces the appeal Of tho opposing law
yer. 70 the jurymen's hearts. he set up one b
llAif haauR that WaR hard m aaoana frou, m