The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1909-01-16
CAPT ..I1AIN!SII|I,AI''Yl.
not [, !! BETRlED|| !! ED
vERo,cT OF " AcauiTTALSFo FoR
IHoRIoh HAMS ( RECEIVED
WITH CHE ERs. Il

a ELrSHJh1sF.d, y Jan. t6.---Aftei
reviewing Tie r,dense for twenty
two hours and ta.:lng fifleen ballots
before a1l we're agreed. the jury in the
u,al Of Thornton Jenkins fhtns, totnd
the prisoner not guilty as n prinespa,
With his brother. Cap.a.n Peter C.
Hams IT.. in the silllng q William =
Annis. For the second time N bis
life Thornton Hams has been found
not guilty Of tho charge Of murder
he having been acquitted Of murder IN
shooting q companion named Edward
a, ,IIannisan, In an open boat, in
Hampton Roads. seventeen years asn.
Thornton Halns had an affecting meet.
ing with Captain Hams In the Long
Island jail where he hurried IN motor
car after the verdict to bring his
brother the news. Old General Hams
and bis wife, who had been anxlously
waiting to learn the verdict in the Ho-
tel lAstor, In Manhattan. since the Jury
went out at o'clock Thursday night,
beard the news from their son Thorn.
ton, who telephoned his parents as
soon as he left the court room. Mrs.
Hams nearly tainted from 10y upon
receiving the news. ,.y35 4 S7s w
s.;S5i. s.3s!! Aains Much Affected.
After spending an hour with Cap
tain Hains In the jail, Thornton
Hams went to. the Hotel Astor. where
he remained through the evening and
night with his father and mother !.
Thornton Halns was overIoyed at the
verdict. which came! unexpectedly and
at u time when Justice Crane, belIey.
ing that disa asreement was likely,
had sent: for the Jurors to learn what
progress had been made toward a find-
Ing. The former defendant smiled
and tears fiiled his cyes. and hurrylng
to the Jury box, after Justice Crane
had discharged the jurors. he seized
the hands Of the jurors and thanked
them for their verdict. fsr45 #
..st,,; Cheers Greet Verdict. 1!
Rarely in any court oflawt has such
a demonst ration been witnessed as
that which occurred when the Jury
aade3 kno.n4 4its-perdict'S which came
like a thuhderbolt: Thse > 'ptssa;cked ;kd court
room Of spectators rose as one man
and cheered and Sapplauded with such
mighty, Neor that the gavel fails of
.llustices Crane on his desk could not
be heard. Before proceeding further
Justice Crane ordered the trial cham;
her cleared and the spectators put out
in the street. lssS "
After telephoning hts mother and
father. Thornton was ecorted to a
local hotel. while throng of towns.
people gave him a continuous greet.
ing en- route. Jurors stated that the
first ballot stood 5 to A for aconittal
and early In the morning the ballot
showed gain Of one. for acquIttal.
Jurors Hecker. Johnson. Richmond
and Boenls voted for conviction of
y & -
murder. Juror Boenig held out until
the final ballot was taken. Just after
Justice Crane had sent fol. the Jurors
aud then changed his vote to acquit.
tat, making the verdict unanimous.
~ Brother May Not Be Tried.
Officials OF the district attorneys
flee in Queens county are quoted
as saying that the verdict in this
case probably means that Captain
Halns will never be brought to trial
and that, he will be surrendered into
the care Of his family or the federal
government. "a
Under this verdict. 1T is perfectly
safe for any person who! Is ingenious
enough to frame up defense to 80
out and kill. Private vengeance
seems TO have taken precedence over
the peoples law" was the only COM
mant tnatt Prosecutor Darrin had to
make on the jury's return. "a.