The Montgomery advertiser., 1909-01-16
 HANS IS NOT GUILTY; FREED. Spectators Cheer the
 Verdict. SCENE IN THE COURT ROOM Defendant Telephones to His Aged
 Parents. -Bfsther of Army lomcer Is Held to Bs BIameless for Murder
 of William E.
SCENE IN THE COURT ROOM

Flushing. N. F.. Jan. 1s.--Thornton q. Hains was today acquitted of the charge of murder in the first degree which grew out of the killing of Wil- liam E Annis at the Bayside Yacht Club, August 15. 1908.
 Hains stood guard over his brother, Capt Peter c. Hains, IT,, while the latter shot down Annis, but did not ac- tually participate in the shooting. His brother, Captain Hains,' has not yet been put on trial.
 This is the second time that Hains has been acquitted of a murder charge. In 1891 he was tried in Virginia for killing his former friend, Edward 4 Hannigan. of Fortress Monroe. with whom he quarreled while canoeing. That time he was acquitted on the ground that he acted in self defense.
 The jury was out twenty-two hours. When the verdict was announced today great shout came from the crowded court room and Justice Crane ordered the spectators from the room.
 The defendant smiled when he heard the verdict but his eyes filled with tears when he turned to his counsel and shook them by the hand.
 It was learned from one Of the Ju- TOTS that fifteen ballots were taken. The first ballot stood eight to four for acquittaL The next change came early this morning, when e ballot showed nine jurors in favor of freeing the de- tendant.
 Justice Crane shortly before o'clock sent for the jury and inquired if there was e possibility of reaching an agree naent. The jurors sent word back that they desired little more time.
 Verdict is Read.
 Thornton Halng was brought into court and seated himself at counssrs table. He was visibly agitated when told that a verdict was imminent. Ffn- ally the big oak door in the rear Of 4he court room swung open and the nle of jurors came into the court and took their places fin the box. The fore-. man arose and informed Justice Crane tcierk ordered the jury to stand and asked the foreman what their verdict was.
 Not guilty" said Foreman Hin in Q aoud voice, .aA.szI !. sheir hsncs. the din being so great tnas Ahe blows of Justiee's Cranes gAves SouId only be heard 6 few feet away. "CIear fhs court room" cried Justice fkJrane. ssPut everyone out clear out fhe haIiways and put everybody except 'The press and the lawyers out on the street.
 8IuOENUhA44k look his features quickly sbrightened into smile to the jurors. and then turning to Mir. Shay, one of his coun- saI. he shook him by the hand. Tears filled his eyes and he drew his hand kerchief and wiped them away.
 The court room cleared. Justice Crane discharged the defendant. who arose and smiiingly bowed to the judge and to the jury.
 After Hains had taken a seat beside his counsel Judge Crane thanked the jurors for their services in the case and discharged them.
 Statement by Hains.
 As Thornton Hains left the court he made the following statement:
 T am going back to the Long Island City jail to see Connie and tell him inc glorious news. I shall visit him now every day. Tonight I am going to the Hotel Astor to be with my fath- CT and mother, and tomorrow I plan to 20 to Washington to get my little daughter Molly and bring her back to our little home in Bay Ridge."
 Thornton Hains was given demon stratton by the townspeopie of Flushs ing as he left the court room.
 Justice Crane had given orders to the police not to permit any demon- stration on the street. but the throng almost swept the officers aside and succeeded in surrounding Hains. many pressing on him to shake hands.
 Hains spent a few moments at the hotel, then, in company with his coun- ael. he was whirled away in big mo- for car to the Long Island City jail.
 Jurors Hecker, Johnson, Richmond and Boenig. voted for conviction of murder. Juror Booming held out until Hhe final ballot was taken just after :TUstice Crane had sent for the jurors. and then changed his vote to acquittal, making the jury unanimous.
 Ohscials of the District Attorneys off, nce in Queens County are Qouted to- night as saying that the verdict in this case probably means that Captain Hains will never be brought to trial and that he will be surrendered into the care of his family or the Federal govern Snent.
 sUnder this verdict. 1t is perfectly safe for any person. who is ingenious enough to frame up defense to go out and kill. Private vengeance seems to have precedence over the peoples law" was the only comment that Prosecutor Darr4n had to make on the jury's ver~ dict.