Mexico Missouri message. (Mexico, Audrain County, Mo.) 1899-1918, 1909-01-21
JURY, AFTER ALL.NIoHT SESSION,
SAYS He rs NOT GUILTY
or MURDER.
CARRIES NEWS TO BROTHER
Granddaughter In First Degree Both
cred the Jurors--shootlna oe.
Cured Just Five
Months Ago.


Of Thornton Jenkins Hams. charged
with first degree murder in being q
principal in the shooting OF w. Il,
Annis. The Jury was out all night,
and Il was feared disagreement
would result.
Friends Of the defendant in the long
trial gathered around him when tho
verdict was returned and escorted him
to the Long Island city Jail. whore he
went to carry the news TO his brother
II was Just five months ago Friday
(Aug. 10, i90S). that William r. An.
mis- was killed at the Bayside Yacht
Club by Capt. Peter c. Hams. brother
Of the defendant The defense con.
tended T. jenkins Hams only tried to
save his brother from the mob that
formed and had no part In tho killing.
The state accused the prisoner of hav-
ing planned the killing of Annis and
Of keeping back the crowd while Capt.
Hams fired the fatal shots.
The trial has been In progress sew
eral weeks and has cost both the state
and the defense great deal OF money.
Ten Stand for Aequittal.
At 11:15 Attorney John F.. Mcintyre
stated that he had learned from an I'M
improbable source that the Jury now
stands 10.2 for acquittal. Special
Prosecutor White disputed McIntyre's
figures. but would give none himself.
81 think Il win be manslaughter or
disagreement" White said.
At 10 o'clock the jury fled into the
courtroom to hear an explanation Of
certain instructions. Juror Denham
said
Your Honor: We are III and old
men. II we cannot agree in another
hour, we would like to be discharged"
Justice Crane called their attention
20 the fact that his doctor was in at
tendance. 1T any Of you are Ill. will
see that you get medical care" he
said. "But this is an important case,
and II Is your duty to try and reach q
verdict"
Court Explains Charge.
Juror Mclean then asked that the
court define to them what constituted
manslaughter in the first degree. Jus
tice Crane at once read the part Of his
charge desired Menry Mccullough,
juror No. s, jumped TO his feet.
what we want to know" he said,
"is, II T. jenkins Hams walked away
while his brother was shooting, was
he guilty?"
Justice Crane repeated his charge.
declaring that II the jurors believed
T. jenkins Hams walked away and
knew nothing about The impending
shooting, he certainly was innocent
Testimony Is Read.
At $3.50 the jury asked that the
testimony OF witnesses Tierney, Clark
and Mcbride be read to them. The
attorneys were sent for and Hams was
taken into the courtroom, The cyl.
dence was read and the jury retired
again 10 continue It's deliberations.
For the first time in the history OF
a big murder trial in New York, the
justice presiding remained in the
courtroom all night, in readiness to
accept a verdict as soon as reached
This was necessitated by the serious
illness Of Jurors Thomas Walsh and
Patrick Ahearn.
Justice Crane has made many limo
vations since he was elevated to the
supreme court bench, but none that
paralieled his effort OF Thursday night
When Or. Hicks. his personal physi
clan. informed him Thursday night
that Jurors Walsh and Ahearn were In
a serious physical condition, he dc
cided he would not lock the jury up.
Judge shows Sympathy.
II am younger than any OF them.
he explained, "and l viii not detaiT
them one second longer than the time
needed 10 record their verdict"
+. Jenkins Hams Is bearing up man
fully under the strain. Although plain
ly worn and nervous he never lost con
fidence in the opinion that he was ulti
mately to be acquitted. and when ask
ed how he felt, declared:
Every fine, considering conditional
The prisoner slept soupdly part o.
the night.
His brother. Maj. John Hiatus. 70
malned in call all night aud a dozeE
times talked with the aged father and
mother over the telephones TO thell