Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-01-15
SCANT HOPE Of
VERDICT IN
HAMS CASE
OUT TEN HOURS IN
FUTILE CELEBRATION
AT 2;30 This Morning Attor-
neys For Defense Declare.
That Prospect Of Agreement
IS Remote.


'|f FF''' EP'NfN '%Fr's ~
Flushing, y. T.. Jan. Is mid
night tonight the Jury in The trial
OF Thornton J%enklnFs Hams. charged
with the Killing 81 william r.. Annis
was still celebrating upon the EVIL
|dence. ~ IA been out seven yours
hut no word had como 70 Justice
Crane on what progress had been
Because u the condition Of Juror
Walsh. injured Ia d street car acct
dent and a slight lndisposition 81 Pat
rick Ahearn. the eleventh juror. JUS
iiee Crane SOS ioath to lock the jury
np for the night IN the Jury r,om.
there being no hotel accommodations
for the jurors IN Flushing
Justice crane said he would prob
ably lock the jury up about ! o'clock
u no verdict had been reached by that
time.
Thornton Ham remained under
guard ~ tho shefims office
The jury vas stll ort AZ 22s this
morning. tJap 80. and no word had
been received from them Justice
Crane said he would remain within
eaay distance 81 III court all niRnt
10 order 10 receive q verdict whenever
the Jury was ready 10 report Coun-
sel FOR tho defense said at This hour
that IT looked IKE a disagreement.
The jury retired ~ 90 ~ N yes-
terday afternoon 10 determine whether
me Indictment charging him with ne-
ing "a principal with his brother. cap
Peter g. ifains. In tho killing 81
4. Anuis WITS proved or NOT The
Jurors md delibcratsd about BE- min
iteH mhan they vent out for dinner.
'ctufning 10 the jury room in iess
han half an hour
The case WAS given the jury after
PROSECUTOR Darrin had completed hia
losing address Hnd Justice Crane had
harged the iaw and reviewed the evil
Justice crane viii remain up All
light to receive q verdict If one Is
cached.
~ arfangement 81 counsel a phys'-
ian remained near the Jury room %
l~iniaier 70 Juror Walsh. should his
d the Jury room so that me Injured
could recline and rest himself
ufins the deliberations
Iustic. Crane in his charge said
~ this defendant aided ana nbctied
rs brother he Is guilty OF a crime.
Q not sny the crime.
II the defendant aided and as
in killing Annis you need not
lnsider Peters sanity or insanity. you
Jay dismiss the question FOR the de-
'ndant. even then. would be guilty
+ crime.
Thus gentlemen. iho question and
only question FOR YOU 10 decide is :
ID Thornton Huins Intentionally aid.
pci d assist peter Hains 20 kili AM
Is9 All the evidence given in his
Including that of insanity T. sim
Isl iu help YOU decide his one qucs-
IN. II ne helped "a Kan Annls sou
ma put an the insanity testimony
one side. You need not consider il.
Gentlemen not only IS Thornton =.
Hains ON trial FOR a crime. "
It you also. each of every one Of YOU. =
e put to the test as 10 whether or Il
1t you like men YOU can fcarlcssly >
'rform our duty ana do what law =
this state and your fellow men =
d upon to de- at this time. namely. Va
Judge this defendant on the evl- l'
HNh NIW HN'WtNAHk w AUf law ~
ls land ns ! have declared IL TO De-. Af
at yuuT CuuciHsioii- by cool. va
Ism judgment. uninnucnced by pas So
ln or by prejudice, by sympathy or ~
.mpassinn. fearless Of consequences. pi
Take this case gentlemen. review W
carefully and patiently and say u
neither you nnd this defendant guilty $50
murder in the hrst degree. murder trl
the second degree or not guilty is'
AFTER Justice crane had concluded pa
"a the iurymen had retired attorney
0Intyre for the defense thanked ia
Crane. saying hc had made os
Very fnir charge. Thornton Hams tel
i4ed his mother and was icd way 20 of
r. shrfln room. ga