Evening journal., 1908-12-14
CALL 7. j. HAMS ON
MURDER CHARGE
Trial Growing Out Of Killing
Of AnniS Promises TO be
Hard Fought

FLUSHING. J.. L.. Dec 14.-"Thorn-
ton Jenkins Hains TO the bar"
As the above ominous sentence from
the throat Of Thomas Seaman chief
clerk OF tho Queens County Supreme
Court. shortly after ] o'clock today.
the stained panel door at the rear of
the courtroom opened ana through ii
emerged the central figure in what
promises to be the hardest fought MUIR
der trial in the history Of this old
Long Island city.
hains entered the court room-it re-
sembles more than anything else au
old country meeting place-with his
mead erect and his snappy eyes secm-
ingly taking in every detail of tho
auditorium.
He was dressed modestly in a dark
business suit and there was little of
solemnity or even gravity in his man
ner In fact, from outward appear
ance he was the least concerned of
any man in the room.
Nodding TO his friends and counsel
gathered about the table reserved for
| them, he sank into a seat beside John
r. Mcintyre, his chief counsel. while
| sheriff Harvey. who had accompanied
/ him from the Queens county iail al
-~~ island city, moved back to his
regular place at the entrance to the
enclosure reserved for counsel.
Relatives in Court.
The prisoner was neatly garbcd in
la suit with an over-hanged coll
/ lar on both sides. General Peter G.
Hams, his father and Major John
Hams. his brother. and number OF
other relatives of the accused had
seats near the counsel table and OK
changed glances of sympathy with
him as he took his seat His mother
is i'll at her hotel and could not be
present.
1t took a Ions time to get down tc
business. The court clerk had calico
/ the roll at the earlier session. but
owing TO some unforeseen circumstance,
it had to be called again, with a waste
Of time to all concerned.
But this was not to be the only de-
lay The question Of the legality OF
the initial panel OF 100 special tales.
men drawn by the sheriff and county
clerk outside OF the court room was tC
he passed upon. Attorney McIntyr,
argued that this panel was illegal, in.
asmuch as It was drawn outside tn,
court and in the absence of a Justic,
OF the supreme Court. which latter pro.
vision, he insisted. is absolutely man.
datory. lie asked that the court dis.
charge this panel. District Attorne,
Darrin and his special assistant Elmei
/ White. opposed such action, holdln,
that the panel was drown in a proper
manner and should stand. The argu.
ment was technical.
Prisoner Talks With Brother.
While the attorneys were arguing tn,
several points r. jenkins Hains was il
very earnest conversation with hi.
brother, Major Hains. He seemed deem
~ interested in the presence Of d.
Austin Flint, the noted alienist. VIII,
was present on the invitation of Dis
trict Attorney Darrin. DR.. Flint will
be the chief alienist witness for tn
state at the rial of Captain Peter C
Hains and is held as an expert at tn
present trial by the prosecution.
On behalf of the defense a furthe
motion was made to dismiss the in
dictment on the ground that the de
fendant was denied the right OF chal
lenge the individual members of tn
grand jury. holding that certain mem
bers were prejudiced and biase
against the defendant. referring espe
cially TO the foreman, William II. VIII
liams. Jr. who. it was argued ha
openly declared after the grand jur
was summoned that Both Hams broth
. ers should be hanged" that they wer
guilty as hell"
The motion was denied. as were hal
dozen others. all dealing with tn
alleged bias of the grand jury.