The record-union., 1897-12-01
MARTIN THORN
CONVICTED.
Adjudged Guilty Of the Killing Of
William Guldensuppe.
The Jury Brings in a Verdict of Murder in
the First Degree.
On Being Taken Back to His Cell
Thorn Admits to the Police
Captain That the Verdict Was
Just, and That He and Not Mrs.
Mack Committed the Murder.

OO~-~~~~~S
NEW YORK, Nov. 3O.-Martin Thorn
was to-day convicted of murder in the
first degree in killing VIM. Guldensuppe,
his predecessor in the affections of Mrs.
Augusta Mack, at Woodside, L. l., on
June 25th. AT the request Of Thorn's
counsel, the passage of the death SEN
tence was deferred until next Friday
morning.
Thorn heard the jurymen polled on
their verdict. but his face never chang
ed color during the trying ordeal. With
his 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 .he charge Of murder was be-
gun. 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. Nack's testimony during the
mistrial made Il compulsory for Thorn's
lawyers to change their line of defense
in the second trial, and they made a
direct charge against Mrs. Mack, and
insisted that her alleged confession was
a lie. and she herself was the instigator
and perpetrator of the murder, Thorn
being ignorant of the killing until after
Guldensuppe had been shot by Mrs.
Mack. The woman 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. The story did
not have the desired effect on the jury.
When court opened this morning law
yer Howe began a summing up in be-
half of Thorn. Judge Maddox's charge
was carefully prepared and well deliv
cred 1t was accredited by the law
yers for the prisoner to be extremely
lucid. fair and impartial.
The jury remained in deliberation just
three hours. when they sent word TO
the Judge that they were ready to rem
der a verdict. The fact of their not
remaining out any longer gave hope to
the defense. but as each one Of them
took his seat in the jury box his facial
expression told very distinctly the re-
suit of the three hours conference
Guilty of the charge preferred y
were the ominous words, which fell
from the lips of the foreman of the
jury.
Thorn's lawyers at once moved for a
new trial, on the ground that the ver-
dict was not in accordance with the
weight of the 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 a plea from her which will not
call for capital punishment
Thorn walked into the courtroom to-
day locking none the worse for his or
deal on the witness stand yesterday
No women We're admitted to the court
room
As soon as the District Attorney ar
rived Mr. Howe made a motion to have
the question asked Thorn yesterday as
to his hearing the reading of Mr.
Howe's affidavit in reference to the
coming Of the witness Peterson, from
Germany stricken from the record, as
Thorn was not present when the affi-
davit V as presented and read before
judge Smith last October.
The Judge directed the stenographel
to strike all reference to the affidavit
from the record, and requested the jury
to pay no attention to it.
Mr.. Howe then asked that the jury
men be permitted to go to the Wood
side cottage. Il want them to see. "
said he how Impossible it would be
for one person alone to cut up the
body as described in a bath tub of the
size of the one in the Woodside cot
taga. without marking the sides of the
tub"
The peoples lawyer denured. and
the court refused to grant Mr. Howe's
request.
A few minutes later Justice Maddox
reconsidered his decision, and allowed
the jury to go to the cottage by spe-
cial cars Then court adjourned for an
hour and half.
There was some discussion as te
whether mistake was not made by
the court in not sending Thorn tc
Woodsi:ie with the jury. Mr. Howe
said Thorn would waive his rights tc
go with the jury. Lawyers say that
the Court of Appeals has in a number
of capital cases decided that counsel
has no right to waive any of the pris-
oners rights, and that the action oil
Mr. Howe might leave loop hole fol
a new trial in case Thorn should be
convicted.
When the party returned to the
courthouse and Judge Maddox had re-
sumed his seat on the bench. Mr.. Howe
began TO sum up for the defense. Mr.
Howe repeated his severe arraignment
OF Mrs. Mack. made at the opening OF
the trial. and added a bitter denuncia.
/ tiou of Barber Gotha
In conclusion. Mr.. Howe insisted that
Thorn should be acquitted of the charge
which the State has made against him
and ne hoped the jury would not make
any compromise. as that would be 6
horrible mistake.
District Attorney Youngs followed
with his final address. Mr.. Youngs sai6
that the plea made in Thorn's behali
was as old as the Garden of Eden HI
regretted that Mrs. Mack and Thor
had not been tried jointly, but remind
ed the jury that the woman is not or
trial now. In due time she would be
brought to the bar. and he had M
doupt that substantial justice would bt
, meted out TO her The prosecution pro
| ceeded to review the evidence, which