The Birmingham age-herald., 1909-01-15
At Midnight No Verdict Had
 Been Agreed Upon
DID HANS AID BROTHER?
Justice Crane, In Summing Up, De- cared That If Thornton Hains Aided His Brother In the
 Killing He Was Sane.

FIuSnlnB, N, l., January l4-AI mlQ- night the jury in the trial Of Thornton J. Hains, charged with complicity in the killing of William E. Annis. was still de- liberating upon the evidence. They had been out seven hours but no word had come to Justice Crane of what progress had been made in the consideration of the evidence
 Because of the condition of Juror Walsh, injured in a street car accident and slight indisposition of Patrick Ahearn, the eleventh juror, Justice Crane was loath to lock the jury up for the night in the jury room, there being no hotel accommodations for the jury in Flushing.
 Justice Crane said he would lock the jury up about 1 o'clock if no decision had been reached.
 Thornton Hains remained under guard in the sheriffs office.
 The jury retired at 4:55 o'clock this aft ernoon to determine whether the indict- ment charging him with being a principal with his brother, Capt. Peter c. Hains, Jr., in the killing of William E. Annis was proved or not
 The jurors had deiberated about 50 min- utes when they went out for supper, re- turning to the jury room in less than half an hour.
 Case Goes to Jury.
 The case was given the jury after Prosecutor Darrin had completed his clos ing remarks, and Justice Crane had charged the law and reviewed the evil dence
 The jurors were carefully guarded in their deliberations. The jury room in the town hall of Flushing was formerly the town 'loclx-up" and when the jury re- tired the deputy sheriff closed the steel door that opened into the room Justice Grant sent word to the jurors that he would remain up all night to receive a verdict as he did not desire to lock up the jury By arrangement with counsel a physician remained near the jury room to minister to Juror Walsh should his injuries demand it. A sofa was placed in the jury room so that the injured juror could recline and rest himself during the deliberations.
 The jury passing upop the evidence in the trial of Thornton Jenkins Hains was still deliberating at 1030 o'clock tonight. Thornton Hains remained in the sheriff's office under guard.
 Justice Crane said about 10 o'clock that he might ask the jury about midnight what the situation was, and if there was no prospect of verdict he would lock the jury up over night.
 Parents Hear Attorney.
 General Hains and his wife were in court this afternoon and listened to tho arraignment of their son by MT. Darrin. MT. Darrin attacked Thornton Jenkins Hains' testimony in that he had not drawn his revolver until Roberts had pointed the captains pistol at him.
 The prosecutor declared that should this defendent be acquitted he would go out of court armed with this revolver to com init other crimes.
 Caustic comment was made on Thornton Hains' failure on cross-examination to re- member certain matters regarding which questions were asked.
 "One hundred and seventy-nine times he said this defendant cried I don't remember, on cross-examination, because he could not recall what he had testified to-"
 The prosecutor also called to the jury's attention the alleged declaration of the defendant that he would Ego down into hell and kill Annis again."
 T know the disgrace of the family of having man-killers," said the prosecutor in closing, Ifs less important than the peoples case. Think it over carefully, and if you find that I have patched up broken case; If you believe that l built this house of crads as 1t has been called, then you must acquit. But if you think have given Hains fair trial, you must convict"
 Justice Crane followed with his charge to the turv. No one was permitted to leave the room while the jury was being charged.
 Cranes Charge. Justice Crane began his charge at 320 and in speaking of the peoples case, said with much emphasis;
 ''If this defendant aided and abetted his brother. he is guilty of crime. do not say the crime"
 The jurors stood up for time while the court read his charge. Justice Crane said in part:
 "If the defendant intentionally aided and assisted in killing Annis, you need not consider or decide Peters sanity or insanity; you may dismiss the question, 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 abet and assist Peter Hains to kill Annis? All the evidence given in this case. in- cluding that of insanity is simply to help you decide this one eNuestion. If he helped
 oil sanity testimony to one side. You need not consider it.
 ..Gentlemen, not only is Thornton Jen- kins Hains on trial for crime, but you also, each and every one Of you, are put