Evening journal., 1908-12-16


with the above twelve good men and
true" IN tho jury box tho real battle for
the life Of Thornton jenkins Hams, form
or naval cadet and fighting man began be-
fore Justice Crane here to-day.
Getting the jury IN two days In
murder case which has been tho SUBJ
iect OF page after page OF press comment
Is a novelty for New York and has been
made possible only by the revolutionary
tactics of Justice Crane.
Instead OF being locked IN uncomfort-
able sections OF an unpleasant hotel the
jurors arc given their own way during
the spells between the courts sessions.
nightly going and returning from their
/ homes without being subject TO espionage
OF any kind
you men can do better work as free
citizens sleeping In your own beds and
eating real breakfast cooked as u
should be prior 10 beginning the work
Of tho day" rs the way Justice Crane
put Il.
Crush Of Spectators.
with tho beginning Of tic trial to-day,
the crush Tor spectators seats was re-
newed. but hy order Of Tho court thr
only persons actually entitled 70 admis-
sion were given seats. The usual order
excluding an witnesses from the court
room was then entered
District Attorney Darrln Is decidedly
wrought over the assertion made BY
counsel for the defense that his witnesses
have been tampered with.
1T IS a malicious lie." declared Darrin.
"wc have all we can attend to right
now without trying TO win this case by
unfair means. Possibly after this trial
is ended Mr.. Mcintyre may have an on
portunty TO prove his assertions before
a grand jury That IS all care 10 say
just now"
One OF the enriy arrivals at the court
house was Mrs William r. Annis. wife OF
the murdered man. The district attorney
places great reliance IN her story on the
stand. Tall. splendldly built and looking
decidedly queen like" IN her mourning
dress. she has voice that has remark
able musical timber Of far penetrating
power
Hams made his regular appearance
handcuffed 20 the under-sherlff lie Is IN
excellent physical condition and acts as
tho most unconcerned Of any OF the act
ors In the tragedy.
McTyre Objects.
Before Elmer White the special
prosecutor, could get well into his
opening speech. Attorney Mcintyre was
on his feet. I'VE wish the right 10
object TO all statements by COUNSEL
that are not in full and complete ac-
cordance with the facts" he declared.
"Oh, the code gives you that right"
declared Justice Crane and Mcintyre
dropped back IN his seat.
But II was only for a moment and
then he was again on his feet 10 OBJ
ject TO Whites Interpretation OF the
law Of accessories. He was overruled
and an objection noted
Mr.. White read his opening address.
a decidedly unique proceeding in a big
murder case and one that plainly nom
plussed both court and defense. Justice
Crane sat with his chin resting on his
hand listening intently to the tones OF
the prosecuting attorney while Thorn
ton Hains nonchalantly pursued morn
ing mail stopping occasionally to make
whispered remarks TO his counsel. The
reference OF counsel to his work as an
, author and the apparent effort 70 show
animus existing between himself and
Annis because the magazine Recreation
refused TO buy his stories only caused
him TO smile. But Mcintyre did moi
consider It joke and entered objec-
ton TO II. He was overruled, Justice
Crane declaring he was willing to allow
> little liberty in the opening. The
defense excepted and every sentence OF
Whites opening along this line was OBJ
jected 10, overruled and the exception
noted
} Arrival Of the Halnses.
Prosecutor White then told OF the ar.
rival OF the defendant and his brother
: Captain Hains. at the passenger station
: and said that Thornton Hams asked a
J hackman 70 drive him to the Baysids
, Yacht Club. The defendant then said that
there was another man and motioned tt
; Captain Hains. his brother. who was
( standing at the eastcrly end OF the sta
tion. The defendant and Captain Hahn:
D then entered tho surrey and as they die
So the hacxman observed revolver The
hackman drove toward the clubhouse. the
regular station stage being some distance
ahead. The surrey passed tho stage and
the defendant told the hackman TO droT
back behind IT, The defendant said I,
Captain Hams. We've got him now
and told the hackman to keep about 10
feet behind the stage. The defendant
, asked the hackman IL he knew Annis. an'
the driver told him he did not. The de
fendant then asked him II he knew wher