The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-01-15
JURY FREES HAMS
AFTER q HOURS
CELEBRATION
THREE MEN WHO HELD OUT FOR
CONVICTION WON OVER AFTER
BITTER ARGUMENT TWO
JURORS WE'RE ILL.

FLUSHING. N. Y, Jan. 15.-The
jury In the case OF T. Jenkins Hams,
charged with being an accessory to
the murder OF VIM. z. Annis by Capt
+. c. Hams. Jr.. returned a verdict OF
not guilty this afternoon.
Justice Crane, after the Jurors had
been deliberting 81 hours, decided to
keep the II men out until midnight
tonight II necessary. The court held
that II would be hardship to subject
the jurors TO another night In the
chilly. steelbound jury room. The
complaint OF illness lodged with the
court by Juror John Benham alarmed
the attorneys in the case
Lawyers for the defense insisted at
ter the jurors returned from lunch
that verdict would be reached before
the end OF the afternoon. Joseph A.
Shay declared that the jurors who had
been holding out for convictions, had
been won over by the nine champions
OF the defendant.
Justice Crane complimented the
jurymen for their evident zeal In care
fully considering the case during their
second appearance In the court room
TO have the evidence read to them.
! After two hours, the reading was
matted.
Juror Mclean, the gray-haired
Scotchman in the back row, said that
he wanted the courts remarks on an
important subject.
If Thornton Hams walked away
and did nothing to prevent his brother
from shooting Annis, he Is not guilty
of any crime" Justice Crane said. rs
| that clear"
| 1T Is your honor" replied the twelve
men nodding their heads as IL a great
load had been removed from their
minds
Expected Disagreement.
The defense insisted that Juror
Henry Hecker would hold out for a
conviction TO the extent OF causing
disagreement.
The jury asked this morning that
the Testimony of witnesses Tierney,
Clark and MCBRIDE be read to them.
The attorneys were sent for and Hams
was taken into the court room. The
evidence was read and the jury retir-
ed again to continue its deliberations.
Justice Crane sat UP all night. re-
naming within call In case the Jury
came In with verdict or asked for
Instructions.
The Jurors could be heard during
the night and the early hours today
arguing In bitter tones. In that time
they had only once sent to the court
for information.
At PAS o'clock this morning Dis
trict Attorney Darrin, the attorneys
for the defense and the newspaper men
who had patiently awaited the first
word from the jury room, were all
brought hurriedly to their places by
the sudden arrival In the room or
Sheriff Harvey. who announced that
the jurymen wished to communicate
with the court.
Justice Crane was brought from
nearby hotel on Main-st. whither> be
had gone for a midnight repast. Wien
the justice assembled the bench II was
discovered that the jury was no near
er an agreement than II had been, but
merely wanted to ask for the tracing
maps which had been in evidence dur
ing the trial.
There was no opportunity to see the
jurors. as, by consent OF counsel for
both sides, the IL men were not
brought into court.
The two maps were produced, and.
after being carefully inspected by Mr..
Mcintyre, were given to the sheriff TO
be handed to the jurors.
The room In which the jurymen
were locked up yesterday afternoon
Is located on the eastern side OF the
old town hall Two big windows face
the room from the street The stills
are too high to permit any view into
the room, but passersby on the side
walk underneath could easily hear
the loud voices OF the jurymen. and
from their angry tones II was plainly
evident that they were having an
acrimonious time reaching an agree
ment.
Justice Awaits Verdict.
Justice Crane remained In his pri-
vate chambers all night TO receive the
verdict. He did this principally be-
cause OF the uncomfortable quarters
the jury was compelled to occupy.
There were only three beds in the
room, and the men, In the case OF q
long session. must take turns at sleep
ing unless they want 20 rest upon the
| nCor.
Further than this, he had learned
that a second juryman was Ill. Be
sides Thomas Walsh, juryman No. 2.
who was injured in falling from a New
| York trolley car, IL was discovered
that juryman No. IL. Patrick Ahearn,
was also In weak condition. The
court therefore. was anxious to have
the verdict reached at once. and the
two Ill jurors sent home.
A light was kept burning In the
court room all night. Many men re-
manned and few women were still
in their seats as late as o'clock this
morning Each hoped for a glimpse
OF the prisoner as he passed through
the final ordeal OF his trial.
All OF the attorneys on both sides
were still sitting In the court room
and corridors when daybreak came.
but no word came from the jury room.
Every one was worn out and tired
from the sleepless night. most OF those
In attendance having been ceaselessly
on the scene for nearly "a hours.
At $3.50 o'clock Thornton Hams. who
had a good sleep, was taken from the
court house by Sheriff Harvey TO get
something 10 eat. The only restsu.
rant open at that hour was a small
place few blocks from the court
house. and there the defendant and
the sheriff went
N----------
Fire Sweeps Bust.