New-York tribune., 1908-12-15
SIX HAINSTRIALJUR0RS
SURPRISE FOR DEFENCE.
Prisoners Counsel SnbpeHaed as
Uitnesses-NnSt Produce Papers.

Many -a1esmen in the Supreme Court Flush
Ing yesterday evaded service in the murder trial OF
Thornton Jenkins Hams by pleading bias and scru-
pies against capital punishment. Justice Frederick
F. Crane. who is presiding at the trial. which
opened at O'Clock In the afternoon. lost his pa
tience several times at the excuses offered so pal
pab1y eager were some Of the talesrnen to evaos
Jury duty. The tntermfnabl7 questions regarding
bias and attitude of mind dragged on through a
long afternoon and an evening session. AT me ela
of which there six Jurors in the box.
The lawyers expect to fill the box by nidafter-
to-day. The sin jurors chosen were ssiec'eo
from forty-eight talesnen- An extra panei OF IVo
was drawn late in the afternoon 10 avoid posslols
delay to-day. Following are the jurors selected:
HlLI 6an W M l. Congress a~enue Laurel Hil
WALSH No y %aa Fds Rs3Srs Es7' 'o
HEcKER. Henry fo5tyfoglE years porter married
So s24 Gn sTenus Richmo5d Hi
6Eftaa Fscs 2ssPetS 3sa@ S s'aO'e"an ''a0"eF NO '
boas Psa Fs Rocaa SasRitT IN stock
Thornton J. Hafns is charged with murder in the
first degree for the Staying of William E. Anns,
who was shot to death by Captain Peter .. Hams
jr L. S. A. The shooting took place the Bay
side Yacht Clubs float on Saturday. August Is
Thornton Hafns held back the men who ran toward
Captain Hains At the time of the shooting. The
charge against him is the one count as
IF he had fired the fatal shots. another that
he was accessory TO the shooting.
When Thornton Hains appeared in court yes
terday no trace Of trepidation was dtscernible
IN his features. He chatted freely with those he
knew and frequently leaned far over the table to
consult with his attorneys. and on one occasion
his emphatic negative sealed the fate Of a juror
his counsel was on the point Of accepting
General Peter c. IIains and Major John 2. Hams,
his father and brother, remained in the courtroom
throughout the afternoon and evening, but Mrs
Hams the mother of the defendant did not appear
in court She is expected TO give her son the
encoura cement of her presence during the trial
proper, however.
when walter T. Young. of Corona, the first tales
man was called Elmer s. White. OF Brooklyn, who
had been engaged by District ATTORNEY Darrin 10
take charge of the prosecution. started 20 examine
him. At the first word however, Mr. Mcintyre
was on his feet making objections He said Nh
White was not the accredited prosecutor, did not
have the Endorsement OF the county Judge and vas
not on record to appear in the Mr.. White
withdrew AMI District Attorney Darrin conducted
the examinations Of talesmen Mr. White probably
viii be regularly accredited prosecutor to-day;
District Attorney Darrin took measures last night
to his designation by County Judge B. J.
Humphrey and to have the designation noted on the
records in the County Clerks office
Mr. Mcintyre plainly indicated the general line Of
defence by asking talesman:
'If yOu thought the defendant, believing that
actual bodily harm about to descend upon a
member OF his family drew a pistol TO defend such
member of his family would YOU follow the in
strucsions of the Court To the legality Of such
acton?'
wax figure picture Of the Bayside tragedy had
impressed one talesman as to render him unable
in his own opinion. TO give impartial verdict
Charles r. Ten Eyck. OF No. 10 Hardenbrook
avenue Jamaica, after telling Of seeing the re
production of the shooting, was asked by the Dis
trict Attorney:
Would that impression prevent you from render
ing an impartial verdict
II should like to know whole lot about that
pistol replied Ten Eyck
District Attorney Darriu surprised Mr.. Mcintyre,
Mr. Shay and ATU, Young; counsel for Hatns. last
night by serving subpPnas them to appear
witnesses for the prosecution In addition, MI Nc
Intvre is required to produce all letters or other
written communications received by Captain Peter
g. Hams from Thornton J4 Hams between April
Is. 1903. and May =, 1908. and other documents
or letters relating to the III his control. and
especially all letters or other communications re-
Cciyed BY Captain Peter {. Hams suggest
ing that seid Peter G. Hams should return TO his
hoine AZ Fort Hamilton Kings County. n. u