The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1909-01-15
HAMS JURY STILL OUT
Fate of sea-story Writer Hangs in
Balance.

Balance.
Flushing, Jan. 15.-The Jury in the
case of Thornton Jenkins Hams re-
tired at 455 o'clock this afternoon to
determine whether the indictment
charging him with being a principal
with his brother. Captain Peter c.
Hams, Jr., in the killing of William Z.
Annis, has been proved or not. The
jurors had deliberated about fifty min.
utes when they went out for supper,
returning TO the jury room in less than
half an hour The case was given to
the jury after Prosecutor Darrin ha3
completed his closing and Justice
Crane had charged the law and review
ii the evidence.
AS principle of law whea man
pleads as a defense the Insanity of
his brother, Justice Crane charged:
IF the defendant Intentionally aided
and assisted in killing Annis, you need
not consider or decide Peters sanity
or insanity; you may dismiss the ques.
ton, for the defendant would even
then be guilty of a crime"
Prosecutor Darrin bitterly arraigned
Thornton Hams and branded the
Hams brothers as towards who plan
ned their defense before the killing,
dragged a dead mans character
through the mire and assassinatea his
widows honor. All this time Hams
sat huddled in his chair, his face pale,
and his eyes, heavy from sleepless
nights, glancing occasionally at the
jury to note the effect of the prosecu-
tors words. ....
AS the jurors were led to the jury
room below, Hams arose and going
over to his mother, who sat nearby
during the afternoon session, kissed
her. General Hams shook his sons
hand, and then took his aged wife
| away from the court room to await
the verdict In a nearby hotel. The
defendant was taken to the sheriffs
rooms where he was kept under guard
81 am not guilty and the jury will not
| find me so, said Hams as he was led
away THE only thing fear is pos
sibly disagreement which will mean
another long stay in prison before my
case can again be passed upon. have
every hope that the jury will acquit
| me-"
The jurors were carefully guarded
! in their deliberations. The jury room
in the old town hall OF Flushing was
| formerly the town lookup, and when
the jury retired the deputy closed the
steel door that opened into the room.
Outside the building venturesome
providers were warned away by a
squad of policemen, stationed near the
windows of the juryroom. In the hall
way officers warned away inQuiring
spectators. Justice Crane sent word
to the jurors that he would remain up
all night to receive verdict as he did
not desire to lock up the jury BY ar
rangement with counsel, a physician
remained near the juryroom to minis
ter to Juror Walsh who was injured
in a street car accident should his in
| juries demand IL. A sofa was placed
in the juryroom so that the injured
juror could recline and rest himself
during the deliberations. Three cots
were also placed In the room for the
convenience of the jurors.
The large crowd that filled the trial
room during the day gradually melted
away during the early hours of the
evening, when II was seen that the
jury had not reached verdict soon
after retiring.
At midnight tonight the jury was
still celebrating upon the evidence
They had been out seven hours but
no word had come to Justice Crane on
what progress had been made in the
consideration of the evidence.
Because of the condition of Juror
Walsh, injured in a street car acct
dent. and a slight indisposition OF Pat
trick Ahearn, the eleventh juror Jus.
tice Crane was 10th to lock the jury
up for the night in the jury room there
being no hotel accommodations fol
the Jury in Flushing
The jury was still out at 2;25 this
morning Jan. l5.) and no word had
been heard from them. Justice Crane
said he would remain within easy
distance of the court all night to re
ceive verdict whenever the Jury was
ready to render one. Counsel for the
defense said at this hour that It look
ed like disagreement.