Evening star. [volume] (Washington, D.C.) 1854-1972, 1897-11-22

THORN'S NEW TRIAL
His Attorney Outlines His Defense to
the Murder Charge.
MRS. MACK WILL Be ACCUSED
Little Difficulty Expected in OBJ
tanning a Second Jury.
Il nGE
j U DGE SMITH is SIGH

NEW YORK, November 2o.-Martin
Thorn Jointly indicted with Mrs. Augusta
Mack for the murder of William Gulden-
suppe, was again placed on trial today In
the criminal branch of the Queens county
supreme court at Long Island City. Thorn's
hrst trial, which was begun two weeks ago
was interrupted and had to be abandoned
on account of Juror Larsen becoming se-
| riousy i'll.
There was a repetition today of the
scenes which marked the opening of the
iirst trial. The main floor aid galleries of
the court room were crowded with lawyers
ta'esmen. reporters and newspaper artists
PASSES Required of All.
Deputy sheriffs were stationed at all the
entrances TO the court ROOM and no person
was allowed to enter without pass About
80 talesmen specially drawn for The trial
were In attendance. Many of them were
farmers from the remote parts of Long
Island, and from their conversation in the
corridors II was evident that they had not
read or heard much about the Gulde1suppe
murder. This is regarded as favorable for
eettlng a jury within reasonable time
The witnesses We're not allowed TO sit i'm
the court room. but were kept in an ante
room. or occupied seats In the main corri-
dor just outside the court room.
Mrs. ZieElcr. N New Witness.
One Of the new witnesses is Mrs. Ida
Ziegler of New York Since Mrs. Mack
confessed that Thorn committed the muir
der Counsellor Howe has been directing his
efforts TO try and fasten the actual killing
on Mrs. Mack. and TO this end ne has call
ed Mrs Ziegler as a witness. She will tes-
tify that as early as March last Mrs Mack
tried to hire her cottage at West Farms
telling her that Gudensuppe was TO live
hr
deavor to show by this witness that Mrs
Mack was planning to murder Guldensupne
az that time. At the beginning of the first
tr1al Mr.. Howe had prepared an elaborate
defense for Thorn. He refused TO acknoNl-
edge that murder had been committed.
and even fnsinuated that the defense would
produce witnesses to show that Gulden-
suppe was alive in Germany after the day
on which he is alleged to have been muir
dered IN the cottage at Woodside.
mrs. Nacks' unexpected confession upset
all OF Mr.. Howe's plans This induced MIN
TO prepare new line of defense
Thorn and Mrs. Mack will each swear
that the other killed Guldensuppe and A.
VIII be for the grand jury to decide which
is to be believed.
Judge Smith is Sick.
Judge Smith. soon as he arrived at the
court house in Long Island City, sent for
District Attorney Young, and told him
that he was suffering from chills ard ague,
and that rather than risk the possibility of
a second trial he deemed it better to tel
phone for either Justices Maddox or Cay
nor TO try the case.
The first named was subsequently Sc
cured.
Il have been ill for some days past"
said Judge Smith to a representative of the
Associated Press. .'and while | feel a great
deal better this morning, I am afraid that
| woult not be able to last through the
trial, and deem it for the best interests of
~ .f,.a al tlar n
any risks
Judge Smith went up on the bench.
formally opened court, and announced that
owing to Illness he would not be able to
preside, but that Judge Maddox would sit
in his stead. after which adjournment was
taken until IL o'clock