Vilas County news. [volume] (Eagle River, Vilas County, Wis.) 1896-1927, 1909-01-20
HAMS NOT GUILTY
OF KILLING ANN|S
AFTER DELIBERATiNG MORE
THAN TWENTY HOURS so
SAYS JURY.
DEFENDANT EXPECTED ACQUIT-
AL-BRoTHER's TRIAL YET TO
BE HELD.

FIuSnlnS, N. T., Jan. l0.-In thornton
j. Hams was yesterday acquitted OF
the charge of murder in the first de-
gree, which grew out of the killing
of William E. Annis at the Bayside
Yacht club, August Is, 1908. Hams
stood guard over his brother, Captain
Peter C. Hams, Jr., while the latter
shot Annis, but did not actually par
ticipate in the shooting. His brother,
Captain Hams, has not yet been put
on trial.
After the verdict was rendered
Hams made a statement in which he
said the verdict was expected. His
brothers trial has not yet been set.
Shortly after o'clock the jury sent
word to Justice Crane that they would
like to have read to them the testi
nlony of John Tierney, the ash col
lector; Dr. Mcbride, member of the
Bayside Yacht club, and Captain
Clark, the negro boatman, who was
on his boat near the float when the
shooting occurred. Dr. Mcbride was
on the float and Tierney was the de-
| lenses eye witness to the shooting.
| The jury was out Twenty-Five hours
When the verdict was announced q
great shout came from the crowded
courtroom, and Justice Crane ordered
| the spectators from the room. The de-
| PENDANT smiled when he heard the YER
dict, but his eyes filled with tears
when he turned to his counsel and
shook them by the hand
Justice Crane sent for counsel on
both sides and Thornton Hams, who
had shortly before been taken to 6
nearby hotel and gone to bed Justice
Crane said that the testimony would
have to be read in court and it might
be necessary to read all of it.
Defendant Is Fresher.
| Justice Crane convened court at 8: AZ
o'clock and, after Thornton Hams was
! brought in, sent for the jury The de
| PENDANT seemed fresher and in better
spirits Notwithstanding his ordea
waiting all night for the verdict, thar
at any time in the last two weeks.
The jurors appeared worn and weary
from their all nights deliberation
The request for the reading of testi
mony having been made formally anC
Justice Crane having explained tina
the cross-examinations as we'll as the
court stenographer began to read the
testimony of Captain Clark.
John Tierney's testimony was ther
read and Justice Crane asked the jur
ors il they desired to hear the cross
examination read. The jurors talked
among themselves and Juror Benhan
arose and said:
Your honor, l am sick, and if we
can't agree within an hour I ask vol
to please discharge u.s.
Justice Crane directed DR.. Hicks tt
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 O
your honor's charge" said Juror Nc
Lean, that had to do with manslaugh
ter in the first degree
Hams Is Startled
Thornton Hams appeared startled by
the request. Justice Crane read tina
part of his charge referring to man
slaughter.
i Juror Boenig wished to have his rec
objection refreshed on that portion O.
the judges charge that had reference
to Thornton Hams walking away from
his brother on the dock just before
the shooting.
| Il think I can make that clear" SAID
Justice Crane, sif Thornton Hains
merely walked away while the shoot
ing was going on he is not guilty. blu.
| if he went down on the float, though
with no design to kill, but to step 9th
ers from preventing the killing, he is
guilty Of nanslaughter in the first de
gree"
The jury retired again at 1925.
| Counsel for the defense said, after
the jury retired, that the Jurors stood
ten to two for acquittal, but did not
state where they gained their informa
ton.