The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-07-17
THORN'S AL1BI PLOT FAILS.
DISCLOSED BIZ a FRIEND TO WHOM
HE WROTE.

yse Letter Detailing the Conspiracy 60 Acosuut
ror MS Movements en- the nay q the puur-
der Vow In the Hands OF the Authorities
MIS- Attempt TO Get Out OF Prtsou en- NAH.
81 Justlco Truax. in the Supreme Court, heard
argument yesterday on tho: motion Of William
r. Howe to have his client, Martin Thorn,
who is under indictment for the murder Of VIII
Ham Gieldsensuppe. admitted to bail. Mr..
Howe obtained a writ Of habeas corpus on
Thursday, and yesterday morning Thorn, fol-
lowed by a crowd OF curious persona, was
brought down from tho Tombs Prison in charge
OF two keepers.
fined in tho Tombs on q warrant issued BY n
city Magistrate. and that an Indictment had
been found whilo the examination was pending
In the Magistrates court. This Indictment no
raid, was a mass Of confusion from beginning to
end. as the alleged offence had boon committed
outside the jurisdiction Of the county, In the
county Of Queens.
That point is touched on in the demurrer to
be argued In a few days before tho Court Of Gem
eral Sessions interrupted Assistant District
Attorney Mitchell.
Mr.. Howe paid no attention to tho interrupt
ton. but proceeded to show by various authori-
ties that the Supreme Court had the power to
fix bail in Thorn's case. and that the presiding
JUSTICE VI Una COURT -bnOulu % permitted 10
read the Grand Jury minutes.
"Thc District Attorneys office has refused to
lot us have the testimony on which Thorn was
indicted" said Mr.. Howe, "and consequently
we do not know what we have to meet or on
what lines to construct our defence. They
cannot, conceal the minutes from you, a JUS
lsS Of Of a'i fact spP the testimony a I hS against thorn IA a
Is the property Of the people and should be
made public; ! ask you, Justice Truax, to re
r,anl ,ys slian 4 ~ tho atn nj thA GhasiaA
OF Queens county,
Mr.. Howe here rcnd tho indictment against
this is a gem that ought to be preserved. Il
says the crime was committed partly in this
CITY and partly in Queens county. What part.
j should like to inquire, was committed heref
How can a murder, be committed in two placesi
In the case OF an abortion, 1t might be SO. The
the operation performed in another, or a man
might fire q gun from this city over the East
NO, Apply aRS k howep msn in s ahS esse of i Giei SHSla
Code giving the court. the right to try a case
must be committed In both counties"
Mr.. Mitchell made a very sharp argument;
him whether n man who made up his mind in
this city 10 kill a man in Brooklyn, could be
the au In s,ahf rep SI9%nt{ that h Til. M ease WAS ss so%si
what different. 1t was a case OF conspiracy.
lilo held that the court had no right to fix bail
Mr.. Howe rose again at this,point and, shak-
Ing n paper over his head. said: This indict;
nont isn't worth the paper it's written on. 1
defy any -onC to point out one overt act COM
United In this city that this indictment covers"
Mr.. Mitchell asked permission to file a brief
In the case, ana II was granted. The room wa,
thea cleared and Thorn was taken back to tho
Tonbs. Justice Truax will make known his de-
cision on Monday; The general impression is
Thorn is admitted to bail and his case is sent
to Queens county, Mr.. Howe will be rid Of his
assignment. He was assigned by the court to
defend, Thorn. who is destitute and unable TO
hire Il lawyer.
III preparing the case against Thorn and Mrs.
Meek, District Attorney Olcott had the water
meter in the house at 346 Second street. Wood
side, L. l.. read. 1t is alleged that Gieldscn-
suppc's body was cut up in the bathtub OF the
house. and that the water was allowed to run
Tor hours Thd to wash away, the the, ex vic enc r Of the
o. water had been used in the house in the six
wcekssprcVious to the cxainination,d during which
time the house was oee9Spi ns only BY MT land
and Mr.. Mack.
Carl Mirich. the proprietor Of n barber shop
trict Attorney yesterday and made an affidavit
which Mr.. O!cott believes will break down
Ihorn's statement to Acting Inspector O'Brien
that he was in Mirich's shop on the day of tho
murder. Mcrich produced q letter written by
Thorn TO him on. July. q. In the letter Thorn
bcys Mirich to shield him. lie says:
Friday. June -. and that YOU sent me for a
bottle OF shampoo, and that / got thc'samc and
rGtnrncd with 1t aud remained there all day un-
iii o'clock in the evening. when left. Also
$ O'Clock until : O'Clock. Don't forget this.
il Is important to me. rs they are trying to en-
Mirich made nindn vit that Thorn was not in
lis shop on Friday, and that he did not send
hIm on an errand or play cards with him. A
saloon keeper whose place is next door to the
barber shop makes, affidavit corroborating
Mirich. The saloon keeper visited the Tombs
prison yesterday and identified Thorn.