New-York tribune., 1909-01-13
PLEA FOR HAINS'S LIFE
ATTACKED BY MINTTRE.
Witnesscs for State and Prosecutor
Suffer VcrbGl LaShiRg.

gobn Z NcInr1-re chief counsel FOR Thornton
Jenkins Hans. spent the entire day yesterday IN
making his plea jury spare his clients
t,fe he viii continue his address until noon to
DAY. the limit set his time by the Court MI
MeIn:rres energetic eioquence left him at the close
= the DAYS session IN state bordering on COL
lspse. The courtroom was crowded throughout
the day. So far observed, not one eye was
dsmpened the lawyers during his ferFld
emotional appeals. Mrs. Annis was absent for the
first tine in several days. and did not hear Mr.
MCINTYRE demand, while ne held MS clencheo hsts
his head:
What man IS there in Flushing who would be
Hing raise Annis from the shadow below"
Mr Mcintyre with many gestures and a wealth
of emotion. asked the Jury II they believed that
Thornton J. Hains had pointed his revolver at one
vitHess and said: Keep back! Keep back. or, I'll
kill YOU" and at another, and said ''Stshd back.
90 you re a dead man" and at Mrs Annis and
Said. Keep Of Keep of. you'll get the same
tlling.~ and all while Captain Peter c. Hams was
firirg few shots from his pistol. "All this said
the lawyer. the peoples witnesses would have you
believe took place tn the second and & half occu-
pied by the shooting" Mr.. Mcintyre continued
Have y-ou noticed Mr. Foreman that all the
witnesses against this defendant drilled to
use The word ''crouchng" as descriptive of the
feld and Funke and all the rest did not once en-
II is most anomalous that the man who did not
de- the murder can De tried for il. Gentlemen,
county of New York. and not in Bayside Men do
not wish tfe world 70 witness their crime They
me steeples ana housetops II IS done in secret
Ana if they had had murder in, their hearts they
defendant have gone TO SkuTa and asked for
aeids ids "Ouo ne nave A~As" III Ni-S % -''' -
NJ. Mcintyre asked how Mr.. Andrews Mt Finke
and Mrs Birchheid could testify that they had
feeling against Hams after ne had according 10
their testimony. threatened them with a revolver
Leaning over the table toward Juror No. he said:
II i should point a gun at you Mr. Jardine, you
would knock me down and would nate me always
What man believes thai Thornton. because he
protected his brother because he stood by him HMM in
dssfS4 dssfflA Of such man. Take him and DO him to
Mr.. Mcintyre referred to the witnesses and
duct OF the prosecution, saying:
One of the witnesses would tell another what
he saw. and ne WOULD tell another what he thought
upon What ali Of them thought they saw And
upon bias upon belief L You VIII eeSfeen Ti e II
hair in NJ DaTTns % head : And II say ~ this in spite
a Curing this case cannot tell what Nj: DAYTON
done here IS TO remain eloQuently silent IN this
We have witness who sVvears on direct exam
inaton tlst he saw Thornton Kains aim a gun at
asked : id po 'ee s m Gn s9d tsa ansTe
is NO. sir" Gentlemen. how in the name OF God
1 niant see thornton Hams. and Yet swesrs he
4 call or God and high heaven TO witness that
tonight, In my conscience. shall believe that
an representing an innocent man.
As he said these last words Mr.. MCINTYRE fell
forward, apparently overcome By his feelings: But
ne recovered. and continued referring 10
that the defendants witnesses had been rampered
with Mr.. Darrin interrupted and protested that
there had been such rlmor and no such testi-
monv-
''ConAne yourself to the evidence" admonished
Justice Crane
But It in the evidence" said Mr. Mcintyre
reading from the record When l tell the truth,
upon my honor q member OF the bar. inter
ruptec- The District Attorney says # is untrue
And 7 Teiterate it, shouted Mr.. Darrin from
across the room. The Court had pound for
order
Gentlemen fairy shouted the defendants
counsel IF ever there foully framed case,
this is IL Does any Of these juryrDen believe I
would on that stand and perjure my immortal
soulc Sou may take this mans life within few
DAYS. But when bis soul and that Of FaIIon stand
stripped day before the throne of God Thorn
tons will be the whittier