The Washington herald., 1909-01-15

AONf 1oA-s Acr--1A n AA-s
Justice Crane announced that the
jury would act be locked up, but
that court wOuId be held open all
night. Il necessary, IN order 10 re-
eeive verdict.
New York, jan. I4-At As this after
noon, the jury that has been sitting for
FIVE weeks a. Flushing retired to de-
termine whether o. not Thornton Hams
was guilty OF marder In helping his
brother. Capt Peter c. Hams, XIII William
Z. Annis at the Bayside Yacht Club. on
August Is last
At midnight the jury sent out for coffee
and rolls for twelve. Up to that hour
they had asked no Instructions. nor ques-
tons Of ~ kind When the coffee and
rolls arrived. Justice Crane announced
that he would remain on the job an hour
or 50 longer. any way. He said that he
did not Ike 20 lock the men up II he could
help It on account Of the condition OF Ju-
ror Walsh.
Taken to Room.
The jury went 10 dinner at 5,45 o'clock
and returned 10 their room half an hour
later. The prisoner was taken TO room
separated from the jury-room only by
stairway. and at s.ss O'Clock one Of the
deputy sberiGs who has had him in
charge reported him fast asleep. Earlier
he had expressed confidence that ne would
be acquitted
Maj. Hains at the same hour had
dropped asleep on a bench in the court
room.
Justice Crane consumed a little more
tasn 81 hour in charging the twelve men.
The charge was delivered impassiveiy and
generally regarded as unfavorabIe to the
defendant. who had listened with a face
like mask.
Justice Crane emphasized in every pos
sible way the power Of the jurors 10 re-
turn a verdict Of murder an the second
degree. or msnslaughter IN one OF It's
degrees. they did not vote Thornton
Hams guilty Of murder in the first degree.
Excludes Insanity.
he had been careful TO exclude Peter
Hams alleged insanity. saying the real
issue Of this trial was merely whether
Thornton Hams committed a crime. IT.
Of his brothers mental condi-
ton.
After defining the degrees Of homicide
the Judge stated that four facts were IN
and coyld be accepted as true.
namely: That n August. 1903, Thornton
Hains was told at Boston that Annis had
behaved improperly with Peters wife;
that in August, lse4. he knew Annis had
taken Peters wife out in an automobile
at Winthrop. Mass, and kept her out
Until O'Clock in the morning; that N /
June. 1905. after the making of Claudia /
Hams confessios. he wrote to the editor |
of Recreation. saying: Il now have your
Mr.. William Annis on criminal charge.
and that both the brothers were armed
With revolvers when they went to Bay
side on August Is
Makes Charge Plain.
His honor practically summed up an
his charge in these words:
Did Thornton Hams help to XIII Annis
1r didn't he? This is the real question for
you 10 decide
Mr.. McIntyre made several suggestions.
asking that certain phases OF the charge
be emphasized The justice consented.
He then sent the jury out
Special Prosecutor Darrin tore the de-
tense to pieces in his closing argument.
Thornton Hams blanched visibIy: John
E. Mcintyre bristled with suppressed
age and lower and lower bent the head
# the slain mans widow. For the first
ime in all the ordeal through which she
lad passed since the trial began. tears
rickled down her face and dropped upon
Ter black gown
Gen Hams and his wife were in the
,ourt. They sat with their son. Maj
dains. few feet from the counsel table
If the denfense.