The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1909-01-15
jury Finds Him Guiltless of
Murder of Amnis.
His Brother Who Did the Shoot
ing Yet to Be Tried.
WERE OUT ALL NIGHT
And This Morning Asked to
Again Hear Evidence.
Proceeding Almost Like Going
Over Case Again.

Flushing, N. Y. Jan. 15.-Thornton ].
Hains was today acquitted of the charge
of murder in the first degree which
grew out of the killing of William e.
Annis at the Bayside Yacht club. Aug
ust Is, 1908 Hains stood guard over his
brother, Captain Hams. while the
latter shot Annis. but did not actually
participate in the shooting. His broth
er' Captain Hams. has not yet been put
on trial.
Flushing, n. Y, Jan. 15.-The jury in
the trial of Thornton JenLins TJss1s
charged as a principal with his brother
Captain Peter c. Hams Jr in the kill
ing or William E. Annis, was still de-
hoeratlng on the evidence this morning,
having been out since 5 o'clock yester-
day afternoon. Shortly after 3 O'Clock
this morning the jury sent word that
they desired to have the maps and dia-
grams of the Bayside Yacht club house
hoat, which was sent them by Justice
Crane. No intimation came from the
jury room during the night as to the
progress made toward a verdict. The
L men went to a breakfast at a hotel
across from the court house at 1880
Justice Crane waited in his chamber
all night ready to receive a verdict and
DR.. Hicks also was in constant attend
ance, ready to minister to John Walsh
the injured juror whose heart action.
the physician states. has been affected
by the shock of his accident and the ex-
citement of the case. Patrick Ahearn
another juror, is suffering from a heavy
cold
Thornton Hains slept through the
early hours of the morning on a table
in the sherif's office. while his brother.
coat about him and stretched out on q
court room bench.
John F. Mcintyre. chief of Hains
counsel, and his associates. slept for a
couple of hours. while District Attorney
Darrin, after a short nap in a chair
went home to rest.
Justice Crane appeared to stand the
all night session better than the rest.
During the night General Hains
and his wife, who went to New York,
at a late hour called up frequently on
the telephone to learn If verdict
had been reached, ...s-...- ..
Shortly after O'Clock the jury sent
word to Justice Crane that they
would like to have read to them the
testimony of John Tierney. the ash
| collector; Dr. Mcbride, member of the
! Bayside Yacht club. and. Captain
/ Clark. the negro boatman. who was
on his boat near the float when the
shooting occurred. DR.. Mcbride was.
on the float and Tierney was the de-
fense's eye witness to the shooting.
Justice Crane sent for counsel on
| both sides. and Thornton Hams. who
| had shortly before been taken to a
nearby hotel and gone to bed. Justice
| Crane said that the testimony would
have to be read in court and it might
| be necessary to read all of IL. In
that event most of the day would be
consumed in going over the testimony.
though Justice Crane hoped that only
part of it would have to be read.
Justice Crane said he would not dis
miss the jury for failure to agree
until "a hours had elapsed from the
time the jury went out.
Justice Crane convened court at
S:4O O'Clock, and after Thornton
Hams was brought in sent for the
| jury. The defendant seemed fresher
| and in better spirits notwithstanding
his ordeal of waiting all night for the
verdict. than at any time in the last
| two weeks. .'.-.- ..- t.-.t
The Jurors appeared worn and
weary from their all nights delibera-
tions The request for the reading of
testimony having been made formally
and Justice Crane having explained
that the cross, examination as well as
the direct testimony must be read, the
court stenographer' began to read the
testimony of Captain Clark
Captain C1ark's testimony was IN
effect that he saw the shooting from
his boat anchored near the float, but
that the sails and booms prevented
him from seeing what was going on
in any detail. Captain Clark testified
| that he saw Thornton Hams on the
dock 20 minutes before the tragedy
but that he did not see him at the
moment of the shooting.
In brief, DR.. McBrtde's testimony
was that he did not know William E.
+ Annis; that he was on tne float when
the shooting occurred; that he saw
man waving a revolver back and
forth and that the last shot was fired
after the man had waved his revolver.
DR.. McBridge said he did not know
the man who waved the revolver.