Show thorn case coes goes to the jury if new ow york noy SO 30 judge maddox gave the case of martin thorn into the hande bands of 0 the jurors at 2 and y immediately retired martin thorne walked into the court room in long island city today looking none the woree worse for his ordeal on the witness stand yesterday no women were admitted to the court room As eoon soon ai am the district attorney arrived mr inowe made a motion to have bave the question asked thorn ye yesterday ai as to his hearing bearing the rea diniz of mr howes affidavit in reference to the coming of a witness wit neen peterson Pe tereon from germany stricken from the record as thorn was not present when whon the affidavit was w as presented an and d read before J judge edg e smith last october the judge directed the stenographer to strike all reference to the affidavit from the record and request the jury to pay no attention to it mr howe then asked that the jory jury men be permitted to go and see woodside cottage cotta gp 1 I want them to see 11 he be said how bow impossible it would be f for cr one person alone to cut up the body ae se described in a bath tub the fize size of the one antho in the woodside cotta cottage g e w without th 0 ut marking the sides of the tub the peoples people gs lawyer demur demurred rede and the court refused to grant mr howee re request A few minutes liter jus justice tie maddox reconsidered his deci decision tion and slid allowed the jury to go to the cottage by special cars then court adjourned for an hour and a half f there ie is some discus discussion plon as asto to whether a mittase was not made by the court in not tending sending thorn to woodside with the jury mr howe hwe said thorn would waive his lie rights to go with the jury jary lawyers eay say that the court of appeals has in a number of capital caseb decided hat that counsel has no right to waive any ol 01 the prison prisoners eros rights and that the action of mr howe may leave a loophole loop hole bole for a new now trial in thorn should be cub evicted when the patty party returned to the court hoade and judge maddox had resumed hie his beat seat en on the bench mr howe began to earn sam up for the defense mr howe repeated bis his severe arraignment ment of mr alto nack neck made at the opening of the trial and added a bitter denunciation of barber gotha in cone luEion mr howe insisted that thorn should be acquitted of the charge which the elate state has his mado made against ilan and he lie hoped the jury would not make any compromise as that would be a horrible mistake mie teke district attorney bis his final address sir mr youn eaid aid that the plea made in thorn thorns behall behalf wan was aa as old as the parden garden of eden he lie regretted that lire mrs nac and thorn bad cot not wen tried jointly but reminded the jury that the woman n ie is not on ml frial now in due time she would be brought to the bar and be bad had no doubt that substantial justice would be lie meted out to her the prosecution proceeded to review the evidence which he held to establish the zaila of the accused mr young having concluded judge maddox called on the jury to bland stand up thorn wa watched them closely when the judge began his charge thorns face took on a blight slight flush he lie fastened fattened bis his eyes on the justice anil anti was evidently impressed with the solemnity of the oc occasion cadon the judge explained the law govern ing evidence and defined denned the difference between murder and manslaughter the charge occupied 8 minutes the jory jury retired at and recess was ordered antil 4 |