New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-12
PRICE THREE CENTS.
THORN MUST BE RETIRED
NEW JURY TO BE CHOSEN ON ACCOUNT
OF LARSEN'S ILLNESS.
HE IS SUFFERING FROM APPENDICITIS AND
WAS OPERATED OF YEsTERDAy-NEw AS
PECTS OF THE CASE-DTsTRIcT-ATroR-
SEY YoUNGs DISCOURAGED AND
TIE ALLEGED MURDERERs
COUNSEL. HOPEFUL.

COUNSEL HOPEFUL.
AGAIN
The trial Of Martin Thorn for the murder Of
William Guldensuppe must begin over again. It
was discovered yesterday that Magrus Larsen.
the juror who tainted in court on Wednesday.
was suffering from appendicitis and when the
court assembled again yesterday morning tho
trial was again postponed. Late in the after
room, after consultation between the attend
Ing physicians. operation performed upon
Larsen with what appeared 10 be favorable re.
suits. Drs. Lanehart and Burnett said last
night that the operation had been entirely sue
cessfIl and that there was no danger OF Mr..
Larsen's death unless perltonitis should set IN.
which would not hapren for four or FIVE days II
at all.
The sick man will MOI be able TO be out for
two or three weeks n the least. however, and
under the circumstances II was decided by the
prosecuting attorneys last night 10 have the
jury brought TO the courthouse this morning
and discharged Justice Smith will then issue
an order for a new trial, a new jury will be inn
panelled 10 try the case, and all the testimony
will be taken again.
| This puts new aspect upon the Thorn's
lawyers say that they will put Thorn on the
stand and make him tell his story OF the killing
of Guild cnsuppe. They have completely aban-
| doned the stand they took a, first. when they
asserted that it was not proved that Gulden-
suppe was dead or had been killed They now
| practically admit the murder but they say that
Il was Mrs. Mack who did the actual killing
| that she persuaded Thorn TO assist her and
urged him on from the time that Guldensuppe's
death decided upon until the remains had
been disposed Of.
| If MRS. MACK WON'T TESTIFY AGAIN.
There Is also another neS aspect to the situa-
tion. Dis;rict-Attorney Youngs says that if
Mrs. Mack should refuse to so upon the stand
again in the new trial, rs Is quite probable. Il
will be impossible to compel her TO do so, and the
| only thing to be done will be TO try both her
and Thorn Mr.. Yoangs is much cast down
over the misfortune that has stopped the trial
In this way. He has tried to make record for
dispatch in putting the case through, and hs
seemed fairly in a way TO accomplish II when
| Larsen was taken III.
William F. Howe and Joseph Moss are az
| much elated Nj. Younss is disgusted When
seen at his office yesterday. Mr.. Howe said i
consider that the prospects for Thcrn's acquit-
tai are very bright. Mrs Nack's testimony has
| helped a great deal, as viii be seen when
Thorns side Of the affair is given He will tes-
|
the truth He Will swear that Mrs. Mack did
the shooting, and that she did all the planning
for the MURDER Didn't she swear tnat sne
bought that oicloth before the murder was CUM
| mittedT'
BRIEF PROCEEDINGS IN COURT
There was another big crowd In ana arouno
the courthouse yesterday morning wheh 'he
hour for trial TO proceed arrived. ana the sa.,''
curiosity regarding Thorn was manifested. He
III, all
conducted manacled to the courtroom. HIS de-
meanor was as stolid on every precedihs
day OF the trial. but he greeted his counsei
with a faint smile and chatted with them for
a few moments before the gayol fell. When the
court opened Mr. Youngs arose and said that
he understood from the physician attending 'he
| Juror Magnus Larsen, that he would De una
ble to be present at the trial that day. Dr'
| William J. Burnett, Health Oihcer OK Lons
Island City. then said that Mr.. Larsen was SUI
fering from appendicitis and would DE uhaoie "
aupear. DR.. Burnett intimated that an opera.
ton would probably be necessary Inen 1us''o'
! smith adjourned court until this mornlhe.
/ II s remarkable fact that Thorn never
liked Larsen as a juror and protested against
his being allowed to enter the box lie Is
correspondinsly elated al ,he man an III Illness A"N
regards IL as a favorable omen Tor nim' =.
II would be legal to erpanel new juror u
counsel for both sides agreed to II, but MT. Howe
will q
Jav uuon the necessity OF reading the whole
testImony taken to a new Juror, and said tnat
| even then he would not get the same impression
from II as II lie had heard the witnesses give '''
THORN ANXIOUS TO BE HEARD.
Thorn himself expressed disappointment AZ ths
delay "I hoped 10 go on the stand soon my
sel,v he said Il Will tell more than has yet
been made known II l get the chance iha'
woman's testimony was pack OF lies. she was
the first mover, not l. That's what comes OF
mIxing up with woman. ! wish i neverd
seen her. was fool 10 mix up with her,.
Great precautions have been taken to prevent
both of the prisoners from committing suicide
a male prisoner has been put In Thorn's cen.
and care has been taken TO keep all materieie
away with which he might cut or hans nimse. N,:
| q epecial guard watches outside his cell every
,,orent Neither knives nor forks are allowed
TO Thorn or Mrs. Mack. and access 70 them y
! impossible. An, ,,,oa,. rs r,.c,a
,as,nrdav When told that Thorn had said she
! i,uIsd Culdensuope she responded smilingly:
H1'bat's a lie. and Thorn knows H. lie cam
scuIrrn ont Of t. and that's all there Is to It."