The sun., 1909-01-14
DARRIN TO HAMS JURORS
PROSECUTOR SAYS THORNTON'S
WAS THE MASTER MIND.
Why He Didn't Can the Insanity Experts
for the Proseeution-Will Finish His
Talk T0-day-JurOr Walsh Arrives
Late After Being a Hospital Patient,

Talk T0-day-JurOr Walsh Arrive,
Late After BEING a Hospital Patient.
John +. Mcintyre finished his summing
up for the defence Of Thornton Jenkins
Hams, on trial in Flushing for helping in
the murder Of William L. Annis, at o clock
yesterday afternoon, after taking the
best part of two days for his speech
Mr.. McIntyres actual time was about
nine hours. After n short recess Ira O.
Darrin, former District Attorney and
specially retained since January 1 to
complete the prosecution of the case,
began his address 10 the jury, which was
interrupted by the adjournment of court
at $50 O'Clock, the usual hour. Mr.. Darrin
said last night that he would attempt
to complete his argument by half-past
to-day. In which event the case will be
given to the jury tonight,
Juror No. 2. Thomas Walsh of Astoria,
did not come into court until 1925 A. Nj,
yesterday-tw five minutes late. His
face was well covered with bandages
and he explained that he had fallen of
street car In Manhattan and had spent
the night in the Presbyterian Hospital,
Justice Crane Immediately took the jury
into his chambers and a physician was
summoned to attend Walsh The doctor
said that he thought the juror would be
able to finish out the day and the trial,
and Mr.. Walsh was anxious 70 do so.
The trial is in it's fifth week, and the idea
that IL might have to be abandoned now
because Of the illness of a juror gave Court,
Jury and lawyers shudders. The ply
slcian prescribed for Walsh, and one OF the
interesting features of tho after hours
OF the day was the interruption Of pro-
ceedings by Justice Crane at stated in
tervals with the remark:
1T Il time for another capsule. Juror
Walsh
Tho closing hours of Mr., McIntyre's e
address were not worry different from
those OF the preceding dGy, He again
twanged at the emotions with tired but
still nimbe fingers. He again attacked
tho prosecutions witnesses. including
Mira. Annis and repeated his charges Of
conspiracy among tho Bay Sido Yacht
Club members for the conviction OF the
Heins brothers.
MIR. Mcintyre first took up the testimony
Of Andrews and Funke. Ee argued that
tho boat In which these two mel were at
the beginning of the events on the club
hoat must have been swung out several
feet from the float and that therefore il
would have been impossible for them TO
get to the float until after the shooting
was over To support this contention
Mr.. Mcintyre read an argument written
out by the defendant giving study Of the
distances at the float and OF the windand
tide at the time Of the shooting. The
- IL - 80 Ii.
was that Andrews to have made the float
In one Hap from his boat, as he had testi-
aed, must have Jumped some l76 feet.
Whom ne again took up Mrs. Annis's
testimony Mr.. Mcintyre declared that the
wife OF the. victim was not on the float.
Mrs. Annis had sworn that Thornton
Hams beckoned 10 his brother and led the
Mr.. Mcintyre said In loud voice. -She
says she was looking at her husbands
boat then how could she see Thornton
Hams behind her? Not one of the prcfe-
oution's witnesses saw her on the hoat.
Yet she was the wife of the man who was
being killed. Surely some one would
have sseen her had she been there
Justice Crane ordered the luncheon
cecess half an hour earlier than usual
on Juror Walsh's account
> After luncheon the chief counsel for
the prisoner went over the testimony of
Jesperson and Bugge. the real estate
men. and Of thornton Hams in his own
behalf The single admission Of Birch
field that the defendant had sid on
hearing that Annis was at the club -Jes-
person is not here-let's go home MIR.
Mcintyre declared wes sufficient TO raise
q reasonable doubt.
The aged General and his wife. father
and mother Of the prisoner, and his little
daughter, Mollie. furnished the material
ff.rN NIr InT Tpf ftyt.o g N un "a yraT nh
The manner indulged in by MIR McIn-
tyre was not continued by Mr.. Darrin
when the latter began his argument.
Instead OF somewhat strained oratOry OF
the old school the former District At
torney spoke in a low voice. hesitatingly,
and depended for results on a sarcasm
which at first effective soon wore itself
out with constant use.
j Turning to the alleged insanity OF Capt.
Hains after hearing his wfe's con-
febsion, Mr. Darrin recalled the fact that
on the very next day the Captain went
with his father 10 Manhattan to attend
TO the fling Of a suit for divorce. and do
clnred that this was evidence of sane
mind. -To resort TO lawful means for
the Fighting Of his wrongs | consider
very sane thing for a man 10 do Mr..
Darrin said and then went on TO the de-
fendant's description on the stand OF his
brothers. conduct after receiving his
vife's answer in tho divorce suit--the
document in which she made serious
charges against the Captain.
'lnsane? Yes, in u way Mr.. Darrin
said OF the Captains condition after the
receiving of that document on August
IL or 10; "insane with anger and passion
and intent TO go out and kill, but not in
sane In the sense Of having mind diseased
80 as not 10 know the nature end quality
OF his act. And the two men, perfectly
sane exrept that both perhaps were crazy
with anger and passion. decided that
Annis must die and die quickly. But they
did not want to die themselves as result
Of killing Annis, and it never would have
done for them to seek out Annis and kill
him secretly, for the trouble between
him and Capt. Hams was known TO so
many people that had William L. Annis
been found shot somewhere the Captain
immediately would have been accused,
and no defence of insanity could have
been put in in his behalf"
The prosecutor threw doubts on the
genuineness of the return trip tickets
purchased by Thornton Ilalns and now
an exhibit in the case. There is no
evidence" he said. -of where they con-
ceeled these tickets about their persons
while they were being selrched at the
station house. Then after a moment
more on the tickets ne said Usually
man takes a check book with him when |
he goes out TO buy real estate. A check !
book usually is considered better for the |.
purpose than gun, But in this case a
gun was better than a check book and |
two guns were better than one to get /
that for which these two men were going"
Mr. Darrin turned to the defendant, !
much as MIR. Mcintyre had done. but
with different manner and said Here |
In the master mind, gentlemen. who took |
his weak brother to Bay Side to murder