The Montgomery advertiser., 1909-01-14
TRIAL. WEARS END
THORNTON HANS MERGING UPON
 NERVOUS BREAkDOwN
His INyyers ssy he Passes sieepIess N1sht in His Csli--Hsa speiis
 ef eacixness fa Court.

z Flushing, N. sY.,t Jan. 13---Events crowded fast today in the trial of Thornton Jenkins. Hains. When court adjourned tonight, Juror Thomas Walsh, injured. in a street car accident in New York last night, was placed In the care Of a physician by Justice Crane that his injuries might not cause h mistrial of the case.
 V Counsel for the defense concluded their summing up this afternoon and Prosecutor Darfin began his address to the jury Mir. Darrin will conclude bis speech some time tomorrow and Jus tice Crane, after his charge. will give the case to the jury.
 Only the pluck of gur6r walsh saved the Hains case. from mfstrial or post ponement today. Battered almost be- yond recognition from a fall from . street car..Walsh came from the hos- the days trial, though. at times. he ap- pesred to suffer greatly. and Justice yrane took frequent recesses that the Injured juror ssmight recover his strength. The; juror informed Justice Crane that he felt he could continue. but only when, . physician gave his as- sent would the justice permit the. ease to 70 on. s
 , Prosecutor Darrin.; following ths closing address of Mir. Mcintyre. for the defense bitterly scored many Of the rdefense's. witnesses called to testi. fy to the insanity Of Captain Hains. For oyer two hours. the states attor- neyy dwelt upon athe question of the nationality Of the army officer. His address to the jury was clothed in no dramatic Attempts. and he confined himself to Raarslsafing the facts from the evidence. Only once did the prose- cutor rise to an oratorical climax and that was in talking Of the killing oi William E. Annis. He said:
 And. after August 12, when Captain Hains learned of, his wffe's. counter charges fo his. divorce suit. for three days they planned to kill Annis. Upon the frame work of what had happened faIseh6od with which to conceal the ghastly crime. The meetings with the real astase mon was the framework.
 'But. there had to be defense. for both the defendants4 and 1t was agreed that Captain Hain's defense should be insanity and that the defendant only went to buy real estate and tried to prevent his brother from killing the publisher"
 The prosecutor waxed. sarcastic when he referred to the fact that men carry CneCk~ DOOA9 anu ihOb EcNVAfCA5 WhSss they SC. to buy real estate.
 Justice Crane said after adjourn ment that he wanted the case to so tp the jury tomorrow night.
 That Thornton Hains fs verging up- on q nervous breakdown as. his trials nearH it's end, is apparent to counsel and spectators. His lawyers say he passes aiespless nights in his cell. and once or twice he has bad spells of sickness in court. Today his face was tense and paggard az he sat curlsd up
 The openins Of the trial was de- layed and for time 1t was thought the case might have to be postponed because of an accident of Thomas Welsh. q iuryman, who was knoeke ed Of a Lsxington avenue car last night. walsh was taken to the Presbyterian hospital, where twsfve stitches were taken in q scalp wound 2 The juror left I,asre was hurt. Before court open cd, Mir. walsh went to the Flushing EfpApital where his injuries were sagain ! when. court &aS opened Justice Crane afnounced that. Juror Welsh had assured him that he would be able to ait> through the session. Thereupon Mr. Mcintyre resumed hIs summing up.
 He decia red. that much of the teafimony e1 Mira Annia was false. The evidence he said. showed that Mrs. Annis was not on the float during the shooting and not one of the states witnesses corroborated her testimony that she was there. -I
 MT. Mcintyre. reading from the cross examinations Of Mrs. Annis said;-
 q put the question to her: Were you too excited to notice anything and she replied I was too excited to no7
 Il protest'' said the district attorney. Counsel has not read correctly from the record. She said I was too excited to notice everything.
 "I'u read 1t again" said Mr. McIn- tyre who, going over the record again, read the testimony of Mrs Annts aS stated by Prosecutor DaFrin.
 Mr, Mcintyre undertook to discredit the testimony of MT. Roberts by read ing his testimony before the grand jury bat this part of councils speech was excluded by Justice Crane. who held that the minutes of the grand iury were not in evidence: The pro- secutor interrupted Ar. Mcintyre charging that he was not basing his argument on the testimony.
 "Counsel have 6 right 10 base their argument on Ine beAtluOuy as they recoilect it'' said Justice Crane. and you will have an opportunity to state what evidence is. Then I'll have some thing to say"
 MT. Mcintyre. viSibly irritated ct the objections of the Aistrict attorney. sat down mutterlng that if he continued to be interrupted, he. would not be able to conclude his address for two days.
 An early recess was taken for the accommodation of the burised' Juryman Walsh.
 Al the conclusion of his speech. Mr. Mcintyre sank into his seat from ex- haustIon and Justice Crane took a few minutes recess before the prose- cution summed up. The jurors showed no. emotion during counsers address. ...
 Prosecutor Darrin made the closing speech for the StatA.
 MT. DarriR stated that the people of this State had charged the defen- daht with murder. in the first degree and as district attorney. he had pros- Acuted the case fairly and honeRtlv