Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-11-23

the Place Of Judge Smith During
the Trial-Selecting Jury.
New York, November 22.-Martin
Thorn, jointly indicted with Mrs.
Augusta Mack for the murder of VIM.
Guldensuppe, was again placed on trial
to-day in the criminal branch of the
Queens County Supreme Court at
Long Island City. Thorn's first trial.
which was begun two weeks ago. was
interrupted and had to be abandoned
on account of Juror Larsen becoming
seriously i'll.
There was repetition to-day of the
scenes which marked the opening OF
the first trial. The main floor and
crowded with lawyers, talesmen. re-
porters and newspaper artists. Depu-
ty sheriffs were stationed at all the
entrances to the court room and no
person was allowed to enter without a
pass. About $50 talesmen, specially
drawn for the trial, were in attend
ance.. Many of them were farmers
from the remote parts of Long Island.
and from their conversation in the
corridors it was evident that they had
not read or heard much about the
Guldensuppe murder. This was re-
garded as favorable for getting a jury
within a reasonable time. The wit
nesses were not allowed to sit in the
court room, but were kept in an ante
room or occupied seats in the main
corridor, just outside the court room
One of the new witnesses was Mrs.
Ida Ziegler, of New York. Since Mrs.
Mack confessed that Thorn committed
the murder Counsel Howe has been di-
recting his efforts to try to fasten the
actual killing on Mrs. Mack, and to this
end he has called Mrs. Ziegler as wit
ness. 1t is said she will testify that as
early as last March Mrs. Mack tried to
hire her cottage at West Farms, telling
her that Guldensuppe was to live with
lN.- ~ +hn cottage Mr.. Howe will on
deaver to show by this witness that
Mrs. Mack was planning to murder
Guldensuppe at that time At the be-
ginning of the first trial Mr.. Howe had
prepared an elaborate defense for
Thorn. He refused to acknowledge
that murder had been committed,
or IN Cd
would produce witnesses to prove that
Guldensuppe was alive in Germany
after the day on which he is alleged to
have been murdered in the cottage at
Woodside Mrs Nack's confession up
set all of Mr.. Howe's plans. This in
duced him to prepare new line Of
defense
Thorn and Mrs. Mack will each swear
that the other killed Guldensuppe and
it will be for the jury to decide which
is to be believed.
Judge Smith, as soon as he arrived at
the court house in Long Island City.
sent for District Attorney Youngs and
told him that he was suffering from
chills and fever, and that rather than
risk the possibility Of second mistrlal,
he deemed it better to telephone for
either Justice Maddox or Justice Gay
nor to try the case. Justice Maddox
was subsequently secured.
Judge Smith went up on the bench, for
mally opened court and announced that,
owing TO illness he would not be able 20
preside, but that Judge Maddox would
sit in his stead after which adjournment
was taken until IL O'Clock.
At that hour Thorn was brought into
court and Judge Maddox took his place
upon the bench. The panel OF Jurors was
called ard other fornaiities were gone
through, preparatory 10 the selection OF a
jury.
Thomas Morse, carpenter and builder
of Corona, l. l., was accepted as the first
juror. and Jacob NJ. Weeks, a florist, OF
Bay Side, was accepted and sworn az
juror No. 2.
Ten more talesmen were examined be-
fore counsel could agree upon a third ju-
ror. The selection fell upon George w.
Cox. Jr.. a mason, of Sea Clime
VIM. Hadfed. carpenter. OF Pewietts.
and Wellington Germond. a builder. OF
Jamaica. were also accepted.
Two more jurors, making seven in all.
were secured before court adjourned for
the day. They are John s. Dorton. a
farmer OF Westfield. and Louis 4. Fisher.
a carpenter. of Laurel Hill.