Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1897-12-01

Ills
New York, November 30-Martin
Thorn walked into the court room in
Long Island City to-day looking none
the worse for his ordeal on the witness
stand yesterday. He talked with mis-
lawyers earnestly, and Mr.. Howe gave
him to understand that he would
make an evidence to have some evil
dence stricken out. There were no
women admitted to the court room.
AS soon as the district attorney ar
rived in court, Mr.. Howe made a mo-
ton to have the question asked Thorn
yesterday as to his hearing of the
reading Of Mr.. Howe's affidavit in
reference to the coming of the witness
Peterson from Germany, being 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
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 this point,
asked that the jurymen be permit I'd
to go to the Woodside cottage. Il
want them to see,' said he, chow i'm
possible it would be for one person
alone to cut up the body as described
IN a bath tub of the size of the one il
the Woodside cottage without marking
the sides Of the tub"
The peoples lawyer demurred and
the court refused to grant Mr.. Howes
request. A few minutes later Justice
Maddox rec0nsidered his decision and
allowed the jury to go to the cottage
by special trolley cars. The court ad-
monished the officers attendin;, the
jurors not to talk to them in reference
to the case.
Court then adjourned for an hour
and half.
The inspection of the cottage occu.
pied but eight minutes of the jury's
time. No one was permitted upon the
premises during the time the Drrors
were in the cottage.
There is some discussion as to
whether a mistake was not made by
the court in not sending Thorn to
Woodside with the jury At the time
Mr.. Howe asked that the jury be sent
to Woodside to inspect the cottage,
he said Thorn would waive his rights
to go along with the jury. Lawyers
say that the Court of Appeals Eas in
a number of capital cases decided that
counsel has no right to waive any OF
a prisoners rights, and that the action
Of Mr.. Howe may leave loophole for
a new trial in case Thorn should be
convicted
When the party had returned II the
court house and Judge Maddox had
resumed his seat on the bench, Mr..
Howe began to sum up for the de-
tense.
Mr. Howe repeated his severe ar.
raignment 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 has made
against him, and he hoped the jury
would not make any compromise, as
that would be terrible mistake.
District Attorney Youngs followed
with his final address.
Mr. YOungs said that the plea made
in Thorn's behalf was as old as the gar
den of Eden. He regretted that Mrs.
Mack and Thorn had not been tried
Jointly, but reminded the jury that the
woman is not on trial now. In due time
she would be brought to the bar, and
he had no doubt that substantial JUS
tice would be melted out to her. The
prosecution proceeded to review the
evidence. which he held to establish the
guilt of the accused.
Mr.. Youngs having concluded, Judge
MADDOX called upon the lurymen to
stand up. They complied and as they
stood in their places Thorn watched
them closely AS the Judge began his
charge Thorn's face took on a slight
flush. He fastened his eyes on the jus
tice, and was evidently impressed with
the solemnity of the occasion.
The Judge explained the law govern
ing evidence and defined the difference
between murder and manslaughter.
The charge to the jury occupied SO
minutes in its delivery.
The Jury retired from the court
room at Fps O'Clock and recess was
taken until 4 o'clock.
At half past five o'clock Judge MADDOX
re-entered the court room and raped
fer order The Judge directed the
Jurors to be brought in. At 5:35
o'clock Martin Thorn was brought in.
The prisoner did not show any signs of
nervousness as the jurors filed into the
box and answered to their names. AS
soon as this formality was over the
clerk of the court addressed the jurors
and said:
Gentlemen of the jury, have you
agreed on a verdict?
eyes, we have" answered Foreman
Thomas Morse.
Thorn faced the jurors stoically, but
but it was easily seen that he was con-
trolling himself with great difficulty.
His lawyers evidently were more per-
turbed than Thorn.
When the jurors stood up the clerk
of the court again addressed them and
said:
How say you, gentlemen, is the pris-
oner guilty or not guilty9"
There was a painful silence and the
jurors looked at each other. evidently
wondering who Should answer. Finally
Foreman Morse snoke IN a jolting, nerv-
Gus way, and said: