The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1909-01-15
HAMS JURY HOLDS
ACCUSED AUTHOR
ON ANXIOUS SEAT
Morning Goes by Without
Any Hopeful Sign of
Verdict.
MCINTYRE is SURE
OF AN ACQUITTAL
Announces That tie Has Learned
Jurors Stand Ten to Two
for Prisoner.

I
+ FLUSHING. L. l., Jan. 15.-Au signs
point to mistrial IN the murder trial
OF Thornton J. Hains. When the jus.
left the room At 1922 for luncheon. IL
was noticeable that the jurors nsd
paired on into riva- e~alss. The jury
has been IN slmosG col.s.ant delibera-
tion.
Attorney Mcintyre, for the defense.
claims the jury stands zen to for ac-
I quittal 'manslsughser verdict or
disagreement is the wa.r the prokecu-
tian figures it.
Two jurors are Lnder the doc1ors
care, but Justice Crane says they are
doins all right. It was his intention al
lunchcon to keep them together until
evening. 10 try TO have *ien1 agree. If
that seems impossible ne Rill discharge
the jury.
As the sunrise gun across the bay az
Fort Iotten sounded the signal for ac-
ton there, the elder brother Of the two
accused men. Major Hains, u. g A.
rolled on bench IN the ante room of
the court house and demanded:
What Is the verdict2.
Crane Waits Al! Night.
Being informed the jury was sui 81,
he turned and entered the trial roo :,
where Justice Crane and half hur-
dred newspaper men had held a weary
vigil throughout the night
Justice Crane has made many inno-
vations since he was elevated to the
supreme court bench, but none that
paralleled his efforts OF last night.
When DR.. r. E. Hicks. his personal
physician, informed him last night that
Jurors Walsh and Ahearn, Nos. g ana
u, respectively, were IN a serious phys
icsl condition, ne decided he would not
lock the jury up.
II am younger than any Of them.
he explained. and j viii not detsin
them one second longer than the time
needed to record their verdict. II they
can honestly deliberate all night long,
viii be pardoned II I share their vigil
ia the court room can sleep after
this trial is AL over So far as the
general public IL concerned, ws care
but little"
False Reports.
SO the Justice and his companions sat
throughout the long hours OF the might.
Three times during the night, all hearts
were gladdened by the report that the
jury had agreed. and we're coming IN.
But each time the report was a false
alarm
It was a request for coffee and ths
third time. just as the hands OF the
clock marked 8 o'clock. came q request
for the maps and drawings OF the Bay
side float and grounds.
When at 7-30 o clock they fled out,
in the custody or the officers, passed
across the street for breakfast, there
was little question but that they were
hopelessly divided. They marched In
four distinct groups. The stutEda OF
the twelve men was plainly aggreSsiVely
pugnacious, and old stagers declared
there was every indication OF a hung
jury, and mis-trial.
As the jury filed into the street.
Justice Crane was in his chambers ty-
ing down on sofa. Mcintyre, Shay.
and a number of newspaper men were
nodding In their chairs while gray skies
and a heavy dOWnpoUf Of rain MADE
the outer world fully as uuinviIns az
was the trial room interior.
Maj john Hams remained in cal of
the defendant all night, and a dozen
times talked with the aged father and
mother over the telephone 70 their
hotel in New York
Wants Testimony.
While at breakfast Justice Crane re-
eeIved a penciIed note from the foreman
OF the jury asking that the testimony
Of Or. Nathaniel Mcbride. the oculist.
who swore he saw the shooting, and
saw Thornton Hams dourishing his re-
volver while ii was going on; Capt
j. A. Clark, the negro sailing master OF
the yacht LaVinIa. who saw the shoot
ing, from a small boat off the float. and
heard the captain shout; ''Annis." be
fore he nred, and OF James Tierney.
who cOntTadiCted practically every one
OF the States witnesses, declaring that
he saw Roberts pick up the captains
gun before Thornton drew his own, be
sent to them.
Justice crane sent for the jury. and
said he would have the testimony read.
The jurors presented a very haggaud
appearance as they took their seats.
Justice Crane bade them good morning.
and his greeting was responded to by
all Of the twelve men.
I'VE want Captain CleTks testimony
first" declared Johnson No. 4
AL right. Just as you wish. said
Justice Crane. and the stenoErapher be-
gan the reading.
lowed each word with the most intense
interest.
Hams Watches Jury.
AS the stenogra apher read his minutes,
Thornton Hams leaned well forward. his
head resting on his hands, and scruti-
nized very carefully the faces Of the
Jurors as though he would read his fate
there. He kept his gaze for the most
part on Foreman Hul and Juror Jar
dine, the Indian. They gave him back
glance for glance but their gaze was
impressive
When the direct evidence of Tierney
was concluded Justice Crane asked II
the cross-eXaninaIon was necessary
Jurors Berham, HeCker. and nine
others conferred, and shook their heads.
The other acquiesCed-
Juror Benbam then addressed the
court.
Your honor, We are SD and old me-.
II we Canot agree in another hour Ne
would ike to De discharged
Justice Crane called their attention 10
the fact that his doctor was IN attend
ance. 'If any Of YOU are ill. I will see
that YOU get medical care" he said
But this is ar important case, and it
is vour DUTY 90 try ana reach a verdict
Juror Mclean then asked that tns
court define 10 the jury what consti-
tuted manslaughteT in the first degree.
Justice Crane at once read The PART
r,F "a sahzrara desired