The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-12-01
plea from her which will not call for
capital punishment.

Wnen tue court OpeDeu, MT hOWo lOr
the defence requested that the question
asked Thorn yesterday as to the reading
of Mr.. Howe's affidavit in reference to
the coming of the witness Peterson,
from Germany, be stricken from the rec
ords as Thorn WAS not present when the
affidavit was presented and read before
Judge Smith last October.
Tne Judge directed the stenographer to
strike out all reference TO the affidavit
from the record and requested the jury
to pay no attention to it. MIR. Howe
then made an application that the jury
men be permitted to go to the Woodside
cottage so they could personally view
the bath tub.
81 want them to see,' said Mr.. Howe
chow impossible it would be tor one per-
son alone to cut up the body as described
in bath tub of tho size of the one in the
Woodside cottage without marking the
sides of the tub. - The peoples lawyer
demurred and the court refused to grant
Mr.. Howe's request. A few minutes later
Justice Maddox reconsidered his decision
and allowed the jury to go to the cot
tage in charge of squad of detectives
The inspection of the cottage occupies
but eight minutes of the jury's time. No
one. was permitted upon the premises
during the time the jurors were in the
cottage. There Is some discussion as to
whether 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 wave his rights to go along with
the.jury. Lawyers say that the court OF
appeals has in number of capital cases
decided that counsel has no right to
waive any of the prisoner rights and
that the action of Mr.. Howe may leave
loop hole for new trial IN case morn
should be convicted.
r6TI1rnQ0
court house and Judge Maddox had retak-
en- his seat on the bench, Mr.. Howe began
to sum up for the defence. He made
much of Mrs. Naok's alleged perfidy to
the man she professed to love and com
,nenting upon the fact that, having had
trial, which was terminated by the ILL
ness of juror, the prosecution did not
see fit to again take her evidence.
'sGod forbid" he said, that justice
shall ever be. administered in this state
or country SO that murderess may
prisoner, ''be subjected to even a ten
years imprisonment
Mr.. Howe continued in this strain for
some minutes and then proceeded to
analyze the evidence and throw the most
favorable light possible upon the course
of his client.
IN speaking Oh inc 6Vlu6UCe QuuC6u III
rebuttal last evening, MIR. Howe said
Condemnation heard witnesses say
that Mrs Mack was seen in her apart
ments on the afternoon of June rs,
trimming al hat. Trimming hat, gen
tlelnen, just think of it. Trimming
hat on the evening of the day that she
trimmed the dead body of her lover
whom she killed in the morning
Mr.. Howe spoke of Gotha as
Judas" Harvey Duff, who for the
sum of money was ready to sell his mas
ter or his intimate friends. He said
from the day that Gothia appeared in
police headquarters with handouts on
also a prisoner, until the day he ap-
peared on the witness stand, Gorhia had
never done a days work, but lived on
the bloodmoney which he got frequently
from several officers who were building
up the case against Thorn. Mr.. Howe
then referred to the recent visit of the
jury to the cottage. He said he was
positive they must have seen that it
was impossible for one person to do the
cutting up of the body as it was accom-
plished. The woman's knowledge of anat-
omy which she was in possession of
owing to experience in her profession,
stood her in good stead when she was
cutting up the corpse of her former lover,
Guldensuppe.
District Attorney Youngs opened by
saying: The woman tempted me and
| did yield. The jurymen, no doubt.
had read their Bibles, and they knew ex-
acely who made this excuse. He was sorry
that both the man and woman were not
jointly tried as they were jointly indicted
and each was equally guilty of the crime
charged.
Mrs. Mack was not on trial. She would
lie brought in due time before another
tribunal as she was equally guilty with
Thorn.
The people did not propose to put her
on the stand to let her swear to lies, as
to where she was or was not, on the days
Immediately preceding and subsequent
TO the crime OF the murder of Gulden-
suppe.
On the fatal Friday morning, continued
the prosecutor, Martin Thorn was at the
Woodside cottage, and between 9 and 10
O'Clock he brought the plaster of paris.
He was there in the cottage when Guild
ensuppe entered and Thorn shot him
there. Thorn gave the key of the front
door to Mrs. Mack the night before, but
he did not say what ne had done with the
keys for the other doors in the cottage.
Mr. Youngs advised the Jurymen not
to be misled by the eloquence of Mr..
Howe which, he said had been responsible
for many criminal escaping the whips
of justice.
The representatives of the people in this
case, were not possessed of the wonderful
eloquence and beautiful language of
Mr.. Howe, but they had produced some
thing more eloquent, and that was con-
vincing evidence and proof of the guilt
OF the accused.
Mr.. Youngs said that the scoring of
Gotha by the defence was uncalled for,
as the man only did what other good citi-
zen should have done in similar case.
That Martin Thorn and Augusta Mack
were conspirators was clearly established
by the evidence. If not. then another
nest of conspirators was in existence, and
still undiscovered. Both Thorn and
Mrs. Nsok had a motive in getting rid of
the bath rubber and their hands were
equally stained in GuIden suppe's life's
blood.
When Mr.. Youngs finished the judge
began his charge which covered the law
points involved. and in which there was
no leaning to either side.
The jury retired lat 2.24. when a recess
was taken to i p. m. At 4.30 O'clock
Judge Maddox entered the court room
and took his seat on the bench. He spoke
to the district attorney for some minutes
and then signed some papers. Mr.. Howe
i IL IL