Omaha daily bee., 1897-12-01
JDeE DENIES MOTION FOR NEw TRIAL

INV YORK Nov 3n-Mar-iu Thorn vns
tnaay convicted uf murder in the frs degree .
for the killing Of William Guldansuppe Al
woodside L. L. On June -. A. The request
OF Thurns counsel The pEssaEs Of the aeath
ser csnce wRs deferred until usxt Friduy
Thorn heard The juryDg1 pousd on -hstr YER
di-t. passing through The trying ordeal Win
lips firmly cumpressed End jaws hard SCI
He faced the Judge jury and court room fuL
Of spectators With wei fs!Eusd s-oicIsI-
About three weeks aEo Thoru's frs. trial
OF the charge Of murder WIS begun but
owing to the illness Of Juror * mad 20 be
abandoned after thrs= DAYS a second trial
opened u week aE7 lat Monday and counting
out three DAYS on which the c7ur. di1 not
Hit the trial consumed only SIX dgys.
Mrs. Nacks test lru1uy during Lhe uis-rial
maaa j. compulsory Tor Thorn's lawyers 70
change their line Of defense in ne second
trial aua they made q direct charge against
Ms Mack and ms s,ed thar lae alleged con
fessiun was lie and she herself was -he in
stir4tor ana pz-pelrurur Of the murder.
Thorn being ignorant Of The killing until
after Guldensuppe had been shot By Mrs
Mack
DID NOT BELIEVE Els STORY.
II WGLsAL Ek AAf al~L4-fs-
second -rinI. but Thorn went 0u The stand
and susE-Ersiared al NE assertions made by
MS lawyers rs to the r1idwifes guilt His
story. as ahs verdict shows. did not have the
desired effect upon tn juryuen-
When the court opened This morning Law
yer HCwe began summing up II behalf Of
Thu-z Judge Maddox charge WIS care
fully prepared and wen delivered Il WIS
Acknowledged by the lEv vsrs for NE p-ls-
ors- 70 be extremely lucid. fEt- and impair
rszL
The jury remained II dslI5e-a-ian Just
three hours when it sent word 10 the judge
that il vas rsady to render q verdict The
fact OF is remaining 3ur 50 long gave h-1s
to the defense. nut as each one Of me jury
men took his seat in Jha bsz his facial sz-
precision told very distinctly the result Of the
three hourE' conference.
Guilty Of the charge IS p--tsrred,' wsre
the umInous wurds whI-h fsl from lns Lips
Of the foreman.
Thorn s lawyers moved for new Trial on
the ground that ne verdict WIS nrr IL ne
curaance win 1ns weight Of evidence -.
the rnolion WIS ovsrrlIsd.
Just what VIII become o. Mrs. Mack has
not been made known by the Queens county
officials, bur IT rs Eene-aIly ace=ptad lhHt the
state VII accept plsa from her which VII
not call for capital punishment
Ma-rtn Thorn walked lr-3 the court room
81 Long Island Cfry t0GBy looking none rne
worse fur his urdaul 1n he wtrEess 5laua
yesterday. He talked with MS izwyar earn
estly. and M Rowe gave nm TO Understand
1ha1 he would make II effort to Gave some
evidence stricken uu-. There were IL
women admitted 70 the court ruun-
WOMEN ARE BARRED.
As soun rs the district azro-nsy arrived IN
court Mr.. Howe made q motion 10 hGTe lie
question asked Th0-u yestsrdTy as 70 has
hearing Of the reading Of M H0wss ali
davit in reference 10 the cau-i-E Of the VII
ness. Peterson, from Ger--uy. stricken from
the record rs Thorn WIS not present vher
the Affidavit was presented and reac before
Judge Smith last October. The tuage di-
rected the stsn0E-upaer 70 strike out a
rgfernGss te The HIldEv- frau the record a1l
requested the jury to pay no a--eu-ian lo IT,
M. Howe having gained MS point asked
that the turymsn be permitted 10 20 % The
Wnodsids cottage.
I WANT them 10 sea said he how In
possible il would be for ore person alone II
cut the body Us described. in e hath u-b Of
the size Of he one II rhe W1odside cottage
without marking the sides of the rub"
The peoples luwysrs dsnurred. and me
court refused % grant Mr. H0wee request
A few minutes later Justice Maddox recon
sidsred MS decision and allowed ths jury rl
70 10 the cottage hy special trolley cars. The
court adnnrished the officers attending The
jurors NOT % talk 10 Them in references Z,
the eass
Court then adjourned Cor an hour ana
Aal2
DysPECTs THE COTTAGE.
The inspection Of -hs eaulaEe occupied bu;
eight minutes Of the iuryE time No On,
zvRs permitted Upuu thH HmlsHs during eh'
tine the lurars were Il the roErRFs- There
Is some diseusssu OF rs m whether uls-akt
WIS not made by the court in u0I sending
Thorn 70 WuoaEi1e win he jury. AT thl
time M. Howe asked -hat the Jury be sen
10 WooaEIaU 70 inspect the cottage he sal.
Thorn would waive his righ-s 10 go alnus
with the jury LAWYERS say ta4- the cour
Of appeals has Il u--bsr 1f capital russi
decided THAI counsel has 20 riehI 20 wulv,
any Of prisoners rights ana that the acrf1l
Of Mr.. Hgws may leave lourhlls FOR { rev
trial N case Tharu Should be -1uvir-ed
When the party had returned % The cnur
house ans Juage MaadaE had resumed hu
sea- on The bench Mr. Rove began 20 sun
up for ths delslse- ar Euws repeated hi
severe EfraigGmeut 0f Ms Mack made a
the opening and added a bir-sr deuu1cla-icl
of Barber GUthG- In conclusion. M Huwl
tnslsted thar Thorn EhUu.a be asgui-tel q
the charge which he s-a-l has made aE4-ns
aim ana he hoped the jury wouIa no- max
any enmpraHliss. As that w1ula BE- hlrrih hl,
zuistake. D-Errlcl Attorney Y1UngE foluWei
Elth h-E huaI address,
Mr. Y0Unss SAID thA- he plss made Il
Thorps behalf Eas as Old as ne garden o
Eiaen- He Regretted thzt MEz. Mack AM
rhDrn had RSs Resa tried jointly, but re
n-lH1sg tbs Jury taAt ehs wal&l was las G.