The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1897-12-01

Unanimous, Previous Ballots standtns
Eleven to One-During the Later Triai
Proceeding. the Jury Goes in Troiiy
Car to Look Over woodside Cottage
where the Murdered Mans Body Was
Cut Up-Sentence to be Pronounced on
Friday-Last Scenes of the Trial.
New York. Nov. 3O.-Mardn Thorn
was today convicted Of murder in the
first degree in killing William Guldtn-
euppe, his predecessor in the affectlonS
Of Mrs. Augusta Mack, at Woodside, L.
l., on June %. At the request Of Thorn 5
counsel the passage Of the death SEN
tence was deferred until next Friday.
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, ne
faced the judge, jury and court room fun
of snectators with well-feigned stoicism.
About three weeks ago Thorn's first
trial on the charge Of murder was begun
but owing to the illness Of juror 1t had
to be abandoned after three days. A
second trial opened a week oga last Me1i-
day and, counting out three days on
which the court did not sit, the trial con-
sumed only six days.
Mrs. Nack's testimony during the mis-
trial made it compulsory for Thorn 5
LAWYERS to change their line of defense
in the second trial, and they made di-
rect charge against Mrs. Mack and in
sisted that her alleged confession was a
lie and that she herself was the instigat-
or and perpetrator Of the murder, Thorn
being ignorant OF the killing until after
Guldensuppe had beens 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 mis- lawyers as TO the
midwife's guilt. His story, as the er-
dict shows, did not have the desired eff
feet upon the jurymen.
When court opened this morning Law
yer Howe began summing up in be-
half of Thorn.
Judge Maddox;s charge was carefully
prepared and well delivered. 1t was ac-
knOwledeged by the lawyers for the
prisoner to be extremely lucid, fair and
impartial The jury remained in deliber-
alton just three hours, when they sent
word TO the Judge that they were ready
10 render a verdict. The fact of their re-
naming out so long gave hope to the de-
tense, but as each one of them took his
ssat in the jury box his facial expression
told very distinctly the result of the three
hours conference.
Guilty of the charge preferred were
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 accordance with the weight Of the evil
dence, but the motion was over-ruled.
Just what will become of Mrs. Mack
has not been made known by the Queens
county authorities, but is generally
thought that the people will accept a
plea from her which will not call for
capital punishment.
New York, Nov. 3o.-Martin Thorn
walked into the court room in Long Is
land City today looking none the worse
for his ordeal in the witness stand yes
terday. He talked with his lawyer ear
nestly, and Mr.. Howe gave him to un
derstand that he would make an effort
to have some evidence stricken out.
There were no women admitted to the
court room.
As soon as the district attorney ar
rived in court, Mr.. Howe made mo-
ton to have the question asked yester-
day as to mis- hearing of the reading of
MIR. Howe,s affidavit in reference to the
coming Of the witness. Peters, from Ger
msny being stricken from the record, as
Thorn was not present when the affida-
Wit was presented and read before Judge
Smith last October.
The judge directed the stenographer
TO strike out all reference to the affida-
Wit from the record and requested the
jury to pay no attention to it.
Mr. Howe having gained his point
asked that the jurymen be permitted 10
go to the Woodside cottage.
IT want them TO see,' he said, "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
Woodside cottage, without marking the
sides of the tub"
The peoples lawyers demurred and
the court refused 10 grant Mr.. Howe's
request A few minutes later Justice
Maddox reconsidered his decision and
allowed the jury TO so to the cottage by
special trolley cars. The court admon-
ished the officers attending the Jurors
not 10 talk TO them in reference to the
case.
Court then adjourned for en- hour and
a half.
The inspection of the cottage occupied
but eight minutes Of the jury's time.
No one was permitted upon the pTemi-
ses during the time the Jurors were in
the cottage.
There is some discussion as TO whether
a mistake was not made by the court in
not sending Thorn ~ Woodside with The
Jury. At the time Mr.. Howe asked that
the jury be sent to Woodside 70 inspect
the cottage he said Thorn would waive
mis- rights TO 60 along with the jury.
Lawyers say that the court Of appeals
has in q number OF capital cases decided
that counsel has no right 70 waive any
II a prisoners rights ana that the 40
ton of Mr.. Howe may leave a locphole
for a new trial in cases 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 70 sum UP for the defense.
Mr.. Howe repeated mis- severe arraign-
ment OF Mrs. Mack, made al the opening
OF the trial, and added bitter denun-
citation 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