Daily Kennebec journal., 1908-12-28
Thornton Hains Cannot
Plead Unwritten. Law
Judge Rules That He Cannot
Hide Behind Brother.
Scandal in Case Admissible to
Show Peters Insanity.

| New York, Dec 27--"This man is
going to be tried for the things he did.
A man may be guilty of a crime COM
mitted by a lunatic if he aided and
connived in it cunningly. No man can
commit a crime and hide behind an
ether person"
This decisive utterance by Justice
Crane Saturday during the opening Of
the defence in the murder trial of
Thornton Jenkins Hams for the killing
of William e. Annis sums up the fight
the prisoners counsel have on their
hands to save Hams from the electric
chair
Justice Crane made the counsel for
the defence jtbilant when he ruled that
he would allow testimony to go in
showing that Capt. Peter G. Hains, Jr.,
was insane at the time he fired the
shots, but their feelings quickly
changed when he declared that Thorn
ton Hains must stand absolutely alone
In the trial for his life.
The judge announced, after a brisk
exchange of argument with counsel for
the prisoner. that he would permit
them to lug into the case the scandal
that broke down Capt. Hams mind.
They could introduce all that unMholc-
some evidence only to Indicate what it
was that unhinged the army mans
reason. They could have witnesses re
late what Capt. Hams was told OF his
wifeS alleged wrongdoings with An
mis-. They might have testimony in
troduced to show that Thornton Hams
made himself his brothers custo-
dian.
All this they would be privileged to
drag in, but the responsibility. the
court plainly stated. would be upon
the defence to the killing of Annis.
The S'unwritten law" could not be
brought into play.
The judges ruling puts the issue
nc sense rely upon Capt Hams insan-
ity as defence of their client.
The judges ruling. which indicates
the attitude he will take in his charge
to the jury after all the scandal has
been impressed on the jurors minds,
was given while Eugene l.. Young. an
associate counsel. was trying to have
the Indictment thrown out. Young
agreed that Thornton Hams could not
legally be tried as an accessory until
after the man who actually did the
killing had been convicted OF the
crime.
1t has not been proved that there
was any crime committed" was the
assertion of the defendants counsel
IF Capt. Hams is acquitted then it fol-
lows that Thornton Hams ought not to
have been put on trial"
Justice Crane quickly got that idea
out OF Mr.. Ioung's mind.
Right here | will say that this man
may be guilty Of murder in the first
degree, us a proposition of law, al
though the man who held the revolver
and fired the fatal shot was not guilty
OF murder and was INSANE" said the
court. 81 will take occasion at this
time to say to the jury that this man
is being tried for his own acts and de-
signs and not for the acts and designs
Of any other 3
Mr.. Young contended that failure to in
terfere with the commission Of crime was
no evidence of guilt.
Quite so.'' responded the court, "but
previous declarations and acts may be-
taken in connection with non-interfer-
ence as proof of Il criminal purpose and
proposition of law. / hold, too, that a
subsequent expression of qualification at
the act itself may not be taken as evil
dence of completely on the part OF an al
| legged accomplce, but il may be consid-
| cred with the acts and words before and
at the time Of the commission of the
| crime.
II will state further ana frankly now"
went on the Justice. that a man NAV he
| guilty of murder and encourage it. know
| ingly and Intentionally. Knowing the
| act and its consequences, in my opinion
| a man who is present at the commission
of a crime ard aids and abets it. is not
| an accessory under the common law, but
| a principal
"A man may be guilty of murder. al
| though the one who actually fired the
| shots be guilty of no crime, or perhaps
| insane"
The justice ended by abruptly refusing
| to set aside the Indictment, and Joseph
A. Shay proceeded to outline the defence.
| With the closing of the defence's out
| line, Mr.. Mcintyre called Dist. Atty. Dar-
rim to the stand as his first witness.
| Justice Crane declined to allow the wit
| ness TO state whether Capt Peter G.
Hams was indicted and what disposition
| had been made of the case.
| Mr.. Da,rin was permitted to tell when
| Special Prosecutors White and Dayton
were brought into the case, and was ex-
cused. -.
Eugene N. l.. Young, one of Hams
| counsel, took the stand. He said he was
| with the defendant at the coroner's in
| quest when Officer Fallon testified that
he heard Thornton Hains say that he
| wished he could go down to hell and get
| Annis md kill him again. Mr.. Young
said that Fallon and the accused did not
| speak to each ether.
Mr.. Mcintyre said he desired to put an
| Interrogation which contained some lam
guage unfit for women to hear. The wo-
men present were given an opportunity
| to leave court. which without exception
they avaied themselves of. Mr.. Young
declared that Thornton Hains made none
OF the statements attributed to him by
! Officer Fallon.