Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-01-15
JURY HAS CASE.
CONTINUED from Page One.)

ard assisted in killing Annis, you need
not consider or decide Peters sanity or
insanity; you may dismiss the question
for the defendant would even then be
guilty of a crime"
Justice Crane reviewed the evidence
carefully and told the jury to perform
their duty fearlessly.
Mr.. Mcintyre thanked the judge for
his fair charge.
During part of the reading of Justice
Cranes charge the jury stood up, but
were told they might be seated if they
desired. Juror Walsh, injured In
street car accident, remained on his
feet until weakness forced him to take
his chair.
Prosecutor Darrin bitterly arraigned
| Thornton Hams and branded the two
Hams brothers as towards who had
| planned their defence before the killing
and dragged a dead mans character
| through the mire and .assassinated the
| Widows honor. All through the address
Of the states attorney, Thornton Hams
sat huddled in his chair, his face pale,
and his eyes heavy from sleepless
nights, glancing occasionally at the
jury to note the affect of the prosecu-
| tors words.
AS the jurors were lead to the jury
room below Thornton Hams arose and
| going to his mother, who sat nearby
| during the afternoon session, kissed
her. General Hams shook his sons
hand and then took his aged wife away
| from court to await the verdict In a
nearby hotel. The defendant was taken
| to the sheriff's room, where he was
kept under guard.
| ct am not guilty and the jury will
not find me so,'' said Thornton Hams
| as he was led away. 1.-The only thing
1 fear is possibly disagreement which
will mean another long stay in prison
before my case can again be passed
upon. I have every hope the jury will
| acquit me-
The jurors We're carefully guarded
in their deliberations. The jury room in
the old Town hall of Flushing was for
merlv the town lookup and when the
jury retired the deputy sheriff closed
the steel door that opened into the
room. Outside of the building venture
| some providers were warned away by
a guard of policemen stationed near
|
hallway officers warned away inquiring
spectators.
Justice Crane sent word to the jurors
that he would remain up all night to
receive a verdict, as he did not desire
to lock up the jury. BY arrangement
with counsel a physician remained
near the jury room to minister to Juror
Walsh, should his injuries demand it.
A sofa was placed in the jury room
so that the injured juror could recline
and rest himself during the delibera-
tons. Three cots were also placed in
| the room for the convenience of the
jurors
| The jury passing upon the evidence
in the trial Of Thornton J. Hams was
! still celebrating at 1890 o'clock to-
| night, having been out 81 hours. Up
to this hour no word had come from
| the jury room regarding the progress
of the jury toward a verdict and no
requests had been made for instruc-
tions, exhibits or evidence in the case
Thornton Hams remained in the sher-
ifs room under guard. Justice Crane
said that he might ask the jury about
midnight what the situation was and
if there was no prospect of verdict,
he would lock the jury up over night in
the jury room.
The old Town hall of Flushing,
where the Hams case is being tried,
was thronged with an expectant gath
ering this morning, eager to hear the
closing words of Prosecutor Darrin
and Justice Cranes charge. When the
doors of the courtroom were opened
the crowd quickly filled all available
seats while the less fortunate specta-
tors stood four deep in the rear of the
room. Thornton Hams expressed him
self as confident in his acquittal this
morning. though his face plainly show
ed that he was struggling with tortur-
ing fears.
Resuming his closing, Mr.. Darrin
spoke of the testimony Of the defences
witnesses regarding the actions ana
words of Captain Hams, following his
wife's confession and referred sarcas-
tically to the statements of the alien
lists that the army officer suffered from
circular insanity"
And both alienists declared under
ross-examination that Circular in
sanity was incurable," said Mr.. Darrin.
who referred later to the fact that
counsel for the defence had not asked
their alienists if Captain Hams suffer-
ed from insanity last October.
mo. It was to be later shown by
his counsel" continued the prosecutor,
that the captain was then becoming
sane, that he might go free again."
The prosecutor asserted that Cap
tain Hams was sane when he COM
mitted his act |
They say he was insane said Mr..
Darrin. but he was sane enough ITO
stand there on the dock with his arms
folded across his weapon to conceal
it; he was sane enough, when he heard |
the name 'Annis' and saw his brother
beckon, to run down on the float; he |
was sane enough to point his gun at |
Harway and realize that he was not |
the man he wanted; he was sane
enough to continue firing as Annis |
walked along his boat and he was sane
enough to know that he had committed |
his act in the presence of a score of
witnesses, and remark: 'Of course / /