Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-13
Thrown From Street Car, But
Takes Place in Box.
PRISONER MUCH DETECTED
Mcintyre Resumes His Argument in
Summing Up.
BY INTERRUPTIONS
Defense's Counsel Misquotes Record
Of Mrs. Annis' Testimony-Early
Recess Is Taken.

FLUSHING. " V. January ls.-rh.
closing address of the defense to the jury
in the trial of Thornton Jenkins Hams
was resumed today by John T. McIn-
tyre, who. after speaking all day yester-
day. was given until noon today In
which to conclude.
Refreshed by a nights rest Mr.. NTcIn-
tyre skillfully arrayed all the evidence
tending to prove his client guiltless. The
throngs that yesterday filled the court
room were early In their places today.
That Thornton Hams is verging upon
a nervous breakdown as his trial nears
its end is apparent to counsel and spec
tators His lawyers say he passes sleep
less nights in his cell. Once or twice
he has had spells Of sickness in court.
The prisoners face when the trial
opened. a month ago, was full. HIS four
months Incarceration in jail had not less
ened his high color. Today his face Is
tense and haggard.
Hams manner also has changed. In
stead of the cheerful prisoner that sat
by his counse1s side chatting and smil-
ing over the testimony early in the case.
Hams today curled up in his chair and
listened gloomily to the proceedings.
Accident to Juror.
The opening of the trial was delayed
today and for a time it was thought the
case might have to be postponed because
Of an accident to Thomas Walsh. jury
man. who was knocked off a Lexington
avenue car last night.
Wash was taken to the Presbyterian
Hospital. where twelve stitches were taken
in a scalp wound The juror suffered
abrasions on the face and his left eye
was hurt.
Before court opened Mr.. Walsh went TO
the Flushing Hospital, where his injuries
were again dressed. When court was
opened Justice Crane announced that
Juror Walsh had assured him that he
would be able to sit through the session.
Thereupon Mr.. Mcintyre resumed his
summing up. He declared that much OF
the testimony of Mrs. Annis was false.
The evidence. he said, showed that Mrs.
Annis was not on the float during the
shooting and not one OF the states VIII
nesses corroborated her testimony that
she was there.
Mr.. Mcintyre. reading from the cross
examination of Mrs Annis. said:
Il put the question to her. Were you
too excited to notice anything! She re-
piled. was too excited to no''ce any
thing"
IT protest" said the district attorney.
Counsel has not read correctly from the
record. She said: I was too excited 10
notice everything
"Ill read it again. said Mr.. Mcintyre.
the testimony OF Mrs. Annis as stated by
Prosecutor Darrfn.
Irritated by Darrin.
Mr.. Mcintyre undertook 20 discredt
the evidence Of Mr.. Roberts by reading
from his testimony before the grand jury.
This part of counsers speech was ex-
cluded by Justice Crane, who held that
the minutes of the grand jury were not
in evidence.
The prosecutor interrupted Mr.. Mcln-
tyre charging that he was not passing
his arguments on the testimony.
Counsel have right to base their ar
eument on the testimony as they recoliect
it, said Justice Crane. You will nave
an opportunity to state what the evi-
dencs is. Then I'll have something 10
say"
Mr.. Mcintyre. visibly irritated at the
objections Of the district attorney, sat
down, muttering that If he continued I"
be- interrupted he would not be able 10
conclude his address for two days.
An early recess was taken for the &C
commodation Of the bruised juryman
Walsh.