The Montgomery advertiser., 1909-01-15
HAINS'S FATE l IN BALANCE D''s4;;,s,; ;s;,. Given to RIRs CLOSING ADDRESS Thornton Hains Is Struggling With
 Torturing Fears. gThs Aged Father and Mother of the Defendant Heard the Presecu-
 tisn's Severe Arraignment
 of Their Son.
RIRs CLOSING ADDRESS

Flushing, N. r.. Jan. 15--The Hains jury was still out at 1880 o'clock this morning and no word had seen heard from them.
 Justice Crane said he would remain within easy distance of court all night in order to receive the verdict. when ever the jury were ready to render one.
 l Counsel for the defense said that at this hour 1t looked like a disagreement. Flushing, N. Y., Jan. 14-At midnight the jury in the trial of Thornton J. Hains. charged with complicity iu the killing of William E. Annis. was still | deliberating upon the evidence. They 1 had been out seven hours but no word had come to Justice Crane of what pro- gress had been made in the considera- tion of evidence.
 Because of the condition of Juror Walsh injured in a street car accident. | and a slight indisposition of Patrick IAhearn, the eleventh juror, Justice Crane was 10th to lock the jury up Tor the night in the jury room. there pe- | ing no hotel accommodations for the jury fin Flushing.
 Thornton Hains remained under | guard In the sheriffs ofice. l Haines Was Scared. 1 Thornton Hains expressed himseif as l confident of his acquittal, though his face plainly showed that ne was | struggling with torturing fear. The States attorney. Darrin. today resuming his closing address, bitterly arraigned the defendant and ms brother as two towards that had rol- lowed Mrs. Annis down to the float that they might kill her husband bee | fore he could be warned. Thornton Hains writhed in his chair under the scorching of the prosecutors sarcasm 1 and freouentiy turned his face away i from the fury. Mrs. Annis fgept l while the States attorney told how lher huaband's character had been be- l gmirched, ana she sswayed In her chair
 as Mir. Darrin, his voice ringing with | emotion, said:
 "From now on. there win be no more criminal trials where a dead husbands character will De dragged lin the mire of unjustlfed denunciation land a woman's honor assassinated by 1 two towards. who have done to death her husband. Splendid, noble. chiyal- " for. these two gentlemen" Justice Crane took an early recess, stating that he desired to give the case to the jury this afternoon. General Hains and his wife were in court this afternoon and listened to the arraignment of their son by Mir. Darrin.
 MT. Darrin attacked Thornton Haina's testimony that he had not drawn his revolver until Roberts had pointed the captains pistol at him. The prosecutor declared that should this defendant be acquitted, he would | go out of court armed with this re- volver to commit other primes Caustic comment was made on Thornton Hains's failure on cross ex- animation to remember matters re- garding which questions were asked "One hundred and seventy-nine times" he said, "this defendant cried I don't remember on cross examina- | ton because he could not recall what he had testified to-" The prosecutor also called to the l ton of the defendant that he would Ego down into hell and kill Annis again"
 T know the disgrace of that fam fly having man killers in their fami- ly,' said the prosecutor in closing. "Is that more important than the peoples case? Think it over carefully and If you find that I have patched up a broken case, if you believe that Il built this house of cards as 1t has been called. then you must acquit. But if you think have given Hains fair trial, then you must convict"
 Justice Crane followed with his charge to the jury No one was per mitted to leave the room while the jury was being charged.
 Justice Crane began his charge at 3:20 o'clock. and in speaking of the peo- ples case, said with much emphasis: his brother, he Is guilty of crime. do not say the crime"
 The jurors stood up for time while the court read hls charge. Justice Crane said in part:
 elf the defendant Intentionally aided and assisted in killing Annis. you need not consider or decide Peters sanity or insanity; you may dismiss the ques- ton. for the defendant would even then be guilty of crime.
 "Thus, gentlemen the question. and the only question for you to decide Is, did ,Thornton Hains Intentionally aid, abetN and assist Peter Hains to kill Annis?
 "All the evidence given in this case. including that given in insanity. Is in- tended to help you decide this one ques-
 
 put all the insanity testimony to one side. You need not consider 1t.
 Gentlemen, not only Is Thornton Jenkins Hains on trial for a crime, but you also. each and every one of you, are put to the test as to whether or not. like men. you can feariessly per form your duty and do that which the law of this State and your fellow men call upon you to do at this time name ly: To judge this defendant on the evid- ence and aeording 10 the law of this land as have declared 1t to you. ar- irving at your conclusions by cool. calm judgment uninfiuenced by passion or by prejudice by sympathy or comparison fearless of consequences.
 "Take this case. gentlemen. review 1t carefully and patiently, and say whe- ther you lind this defendant to be gull ty of murder in the first degree. murder in the second degree. manslauEhter in the first degree. manslaughter in the second degree. or not guilty"
 After Justice Crane had concluded his charge. the jury retired to their room below.
 MT. Mcintyre thanked Justice Crane, saying he had made a very fair charge.
 Thornton Hains kissed his mother
 fa.A kn