New-York tribune., 1909-01-15
WATERFRONT
s ndnw bwenb this section the dt tn he Hot T nc tt uni r
JURY HAS HAMS CASE
IN ALL NIGHT ARGUMENT
OYER ETIDENCE.
La7cyers Think That EIcren Hours
Ont U'Hh0ut fiction UCans No
Murder Trrdirt.

The jury which for nearly five weeks has been
hearing the evidence in the trial of Thornton
Jenkins Hams. the son of General Peter C
Hams, for the murder of William E Annis. re-
tired at o'clock yesterday evening to consider
the case. At PAS o'clock the jury sent In for
some maps Of the Bayside Yacht club At
o'clock they were still considering the case
At midnight the jurymen sent out for coffee
and sandwiches Justice Crane was in the
courtroom. but was Ioath to disturb the jurymen
with any suggestion question. He said that
Walsh. the iuryman who injured. was in
such bad condition that he would remain within
call all night to save the juror any needless con-
1nement.
The jurymen had taken off their coats and
waistcoats and were hard at work on the case.
1t was the general opinion Of lawyers about the
courtroom that there was not likely TO be
verdict Of murder IN any degree. such
verdict, they thought, would probably have been
reached in less than eleven hours
After he had had his dinner the defendant
vas taken TO room that Is separated from the
jury room only by a stairway one of the dep
uty sherfs who had him in charge reported at
. 80 o'clock that HaIns was fast asleep Before
going to sleep he had repeatedly expressed his
confidence that he would be acquitted.
Major Hains. the defendants brother. was
sleeping in the court room. where he had been
awaiting the result Of the deliberations OF the
jury.
The entire day was occupied in the closing Of
Ira G. Darrin's summing up for the people and
Justice Cranes charge. The charge was con-
sidered so fair by both sides that neither attor-
ncy excepted to any part of it. After the charge
the defendant, who sat Immediately in front Of
the Judge arose and spoke to the Court on the
charge This is said to be unprecedented.
Your honor he said. L wish personally to
thank you ror the absolute impartiality Of your
charge Whatever the outcome OF this may be.
e will be pleasure to remember that the
charge was entirely fair and just
Mr.. Darrins closing. address shortened
because Of the indispostiOn of Mr. Walsh the
Juror. whose face. blackened by his recent acci-
dent troubled him exceedingly. Justice Crane.
despite the fact that il was allowing the public
prosecutor half a day less than had been ac-
corded Mr. Mcintyre counsel for the defence, in
formed Mr. Darrin during the morning that he
yrouId e,uect him to finish hour and half
after luncheon.
The Court was plainly fearful that Walshs
fni,rrfes might cause a mistrial, and Mp OAR
rim made the best use he could OF tle lIiAe
,uotted him. He contrasted the testimony of
the club members and his other witnesses with
that of the defendant and Tierney. the ashInan
,a,d an unfortunate but innocent man to death
I'd baan framed" said Mr.. Darrin, but he
couldn't tell who framed it, I'll tell you gen
+1.roan who the wretch was who framed 1t ana
,'a.bed the witnesses in their perJured testl-
rnonv-if it was done. 1t was VINO dld IT.
freely accept the responsibility Tor every tnlls
wrong in the preparation OF the case VIII
a.l, yo1, how l could know that Martin Skura
could lie upon the stand VIII ask you what
interest Skura has in sending TINS defendant 10
- WHY, didn't the negro Identify the de
fendant? 1t was because ne was ousE anu
,,t,,.t remember his face. He was honest and
,,',,,ldn.t lie about it. Now. if l had framed up
,,ri,red case. couldn't I easily have told
t7r1ieon tn identify Thornton J. Hams from haV-
mo soon him so frequently in the courtroom?
Iustica Crane in his charge said:
- ps,er &. Hams were insane and YOU should
sn md il may be entirely nma terlaI ana no DE Ge
ie9e5 70 and nd this defendant knew it believed it.
lie also knew that ne PsfTT haG Sngis Se or 70 willie az
Ba vside intended to Kill HIM ana tls deIehuah5 {
kn""dd'Y ma assist him in doing deed and Of kill
ing Annis and did with this nte4tlGm 1, actGaE s aa
gten ths defendant would be guilty Of crime and
tbe the insanity of Peter c Hams would be no de
fenef f % 20 dndnt Intentionally aided and assisted
in killing Annis you i nftu Iot @ , is7,fss The
a:Iestion for the defendant would even then be
guilty Of crime
Tho Court defined the various degrees Of
,,,rder and mansIaughter. and instructed the
iurv, most specifically that it vas within their
,,ovince TO bring in a verdict Of guilty in any
one of the various degrees ne mentioned or to
acouft lie told them they were the sole and
only Judges of the facts; that they lad heard
the testimony and must he guided by it, They
must reach their verdict without fear of the
consequences to any enc.
after Justice Crane had ended his charge the
i,,rxrnen retired to their rooms below Mr.. Me
Intvra thanked Justice Crane, saying he had
made a very fair charge Thornton .fiains kissed
his mother and was led away TO the Sheriffs
room.
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