The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-12-01
GULDENSUPPE DEMON GUILTY.
JURY QUICKLY CONvICTs THORN OF
MURDER.

the Finding without betrayin9
Emotion-Motion OF His Counsel
For "a New Trial Denied-Jury af
First stood II 90 4.
New York. Nov. 3O-Martin Thorn was
to-day convicted of murder in the hrs6
degree in killing William Guldensuppes
| his predecessor in the affections OF Mrs.
Augusta Mack, at Woodside. L. l., on
June 25 AT the request of Thorn's coun-
sell the passage of the death sentence was ,
deferred until next Friday morning.
Thorn heard the jurymen polled on their
verdict, but his face never changed color
during the trying ordeal.
With lips firmly compressed and jaws
hard set, he faced the Judge, jury and
court room full of spectators with wells
fegned stoIcism.
About three weeks ago Thorn's first trial
on the charge of murder was begun, but
owing to the illness of a juror ii had To
be abandoned after three days. second
trial opened week ago last Monday, and
counting out three days on which the
court did not sit, the trial consumed six
days only
Mrs, Nacks testimony during the mis9
| trial made it compulsory for Thorn's law
| yers to change their line of defense In the
! second trial, and they made direct charge
| against Mrs. Mack and insisted that her
| alleged confession was a lie and that shss
herself was the instgator and perpetrators
OF the murder, Thorn being ignorant OF
| the killing until after Gudensuppe had
been shot by Mrs. Mack. The woman was
not produced during the second trial, but
Thorn went on the stand and substanti-
| ated all the assertions made by his law
yers as to the midwifes guilt.
HIS story, as the verdict shows did noe
! nave the desired effect upon the jurymen.
| When court opened this morning. Lawyer
Howe began summing up in behalf oe
| Thorn.
Judge Maddox's charge was carefully
prepared and well delivered. 1t was ac-
| knowledged by the lawyers for the prise
'oner to be extremely lucid, fair and im-
| partial.
The jury remained in deiberation just
| three hours when they sent word TO the
judge that they were ready to render a
| verdict. The fact of their remaining out 50
| long 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 result of the three hours conference,
Guilty of the charge preferred," was
the ominous words which fell from the
lips of the foreman of the jury.
Thorn's lawyers moved for a new trial
| on the ground that the verdict was not
| IN dCGOIQdDCG Win tHc weight Oh lne GVl-
dence, 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
though that the people will accept plea
from her which will not call for capital
| punishment.
Thorn walked into the court room this
| morning looking none the worse for his
| ordeal on the witness stand yesterday. No
women were admitted to the courtroom.
| AS soon as the district attorney arrived in
| the court room Mr.. Howe made motion
TO have question asked Thorn yesterday
| as to his hearing the reading of Mr.
| Howe's affidavit In reference to the comin9
| Of the witness, Peterson, from Germanys
| stricken from the record, as Thorn was
| not present when the affidavit was pre-
sented and read before Judge Smith last
! October.
The Judge directed the stenographer tn
| strike out all reference to the affidavit
from the records.
Mr.. Howe having gained this point ask
ed that the jurymen be permitted to ga
| TO Woodside cottage.
"I want them to see," said he, how im-
| possible 1t would be for one person alona
to cut up the body as described in a baths
| tub the size of the one in Woodside cots
| tage without marking the sides of the tubs
The peoples lawyer demurred and the
court refused Mr. Howe's request.
| A few minutes later Justice Maddox re-
| considered his decison and allowed thu
| Jury TO go to the cottage by special trolley
cars. The court admonshed the officers
| attending the jurors not to talk to them
in reference to the case. The court ad-
journed for an hour and a half.
| There Is some discussion as to whether
a mistake was not made by the court i'm
not sending Thorn to Woodside with tha
Jury At the time, Mr.. Howe asked that
| the Jury be sent 10 Woodside to inspect
the cottage, he said Thorn would waive
his right to go along.
When the party had returned to tho
| court house 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 bitter denunciation OF
| Barber Gotha.
In conclusion Mr.. Howe insisted that
| Thorn should be acquitted of the charge
which the state had made against him,
and hoped the jury would not make any
compromise, as that would be a horrible
mistake.
District Attorney Youngs then made his
final address He said that the pleading
in Thorns behalf was as old as the gar-
den of Eden. He regretted that Mrs..
Mack and Thorn had not been tried joint
ly, but reminded the jury that the wo-
man is not now on trial. She would be
brought to the bar and he had no doubt
her The prosecuting attorney proceeded
TO review the evidence
Mr.. Youngs having concluded, Judge
Maddox called on the jury to stand up.
They complied and as they stood in their
places, Thorn watched them closely.
AS the judge began his charge. Thorn >
face took on a slight flush. He fastened
his eyes on the Justice and was evidently
impressed with the solemnity of the occa-
SION.
The judge explained the law on the evil
dence and defined the difference between
murder and manslaughter. The charge to
the jury occupied thirty-eight minutes In
its delivery
The jury retired from the court room al
2:25 o'clock, and a recess was ordered un-
til A O clock.
At $50 o'clock Judge Maddox re-entered
the court room and raped for order The
judge directed the Jurors to be brought
in.
At 535 O'clock Martin Thorn was