The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1909-01-15
Jury Out 20 Hours, but
Will Be Kept
Four More
10 TO 2 FOR ACQUITTAL,
-M'INTYRE DECLARES
Zone Juror Asks Judge Question
About Manslaughter in
the First.
TWO DELIBERATING
WHILE VERY SICK
appears as if a Midway Punish
ment Is Sought for
Defendant.
fsperaa, to the Evening star.l

FLUSHING, Jan. 16-After twenty
hours Of deIiberation, the fate OF
Thornton J. Hains is still undecided by
the twelve men whe started deliber-
ating yesterday afternoon at 4:3O
o'clock. John r. Mcintyre, the pris-
ouer's counsel, stated at noon that the
Jury stood ten to two for ncquittaI,
but 1t was impossible TO learn where
he had obtained his information or how
reliable 1t was.
The only intimation Of how the mind
of the jury was working came at II
O'Clock, when one Of the Jurors wanted
more information ON Granddaughter I'm
the first degree" From this query 1t
was underxtood that the jury is loath
TO acquif Hams and equally unwilling
to send him to the chair. A midway
punishment IL sought.
That the strain of the trial had told
beavily on the Jurors was made evident
when Juror Benham arose and said:
Your honor, I am sick, and If we
can't agree within an hour I ask you
to please discharge U.S.
Justice Crane directed DIR. Hicks to
examine both jurors Walsh and Ben
ham. and they went behind the jury
box where they consulted with the
physician.
81 would like to hear that part of
your honor's charge" said Juror Nc
I.eap, "that hnd to do with munslaugh-
ter In the first degree
Thornton Hams appeared startled by
The request.
.rusticc Crane read that part of his
Charge referring TO mansIaughter.
.-;e - +;
election refreshed on that portion of
the judges charge that had reference
TO Thornton Hains walking away from
his brother on the dock just before
the shooting.
Judge Defines MansIaughter.
Il think | can make that clear" said
Justice Crane. If Thornton Hams
merely walked away while the shoot
ing was going on he is not guilty, but
If he went down on that float though
with no design to kill. but to stop 9TH
crs from preventing the killing, he is
guilty of manslaughter in the first de-
gree
The jury retired again at 1925.
Counsel for the defense said, after
the jury retired, that the jurors stood
10 to for acquittal, but did not state
w IciS tilcy SdiiiSu- tliciI
Shortly after o'clock this morning
the jury sent word that they desired
10 have the maps and diagrams of the
Bayside Yacht Clubhouse float, which
was sent them by Justice Crane No
intimation came from the jury room
during the night as to the progress
made toward a verdict. The twelve
men went to breakfast at hotel
across from the court house at 7:30.
Justice Crane waited in his chamber
all night ready to receive verdict,
ard DIR. Hicks also was in constant
attendance, ready to minister to John
Walsh the injured juryInan, whose
heart action. the physician states, has
been affected by the shock of the ac-
cident and the excitement of the case.
Patrick Ahearn, another juror, is suf
ferins front heavy cold.
Thornton Hains slept through the
early hours of the morning on a table
in the sheriff's office, while his brother,
Major John Hams. wrapped his army
coat about him and stretched out on a
courtroom bench.
John #. Mcintyre, chief of Hains's
counsel, and his associate slept for a |
couple of hours, while District Attorney
Darrin, after a short nap in a chair. |
went home to rest.
Jndge Up All Night.
Justice Crane appeared to stand the
all-night session better than the rest. |
During the night General Hains and |
his wife, who went to New York at a |
late. hour called up frequently on the
telephone to learn if verdict had been I
reached.
Shortly after O'Clock the jury sent
H..
like to have read to them the testi-
mony of John Tierney the ash coll
lector; DR.. Mcbride, member of the
Continued Third Pagc.)