Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-09-12
I'd EDITION.
READY TO ARGUE,
Progress of the Murder Trial at
Hampton, Va
MORE EVIDENCE In REBUTTAL,
Effort to Prevent Senator voor-
hees From Closing.
CENTRAL TELEGRAPHIC NEWS
MORE EVIDENCE In REBUTTAL,
CENTRAL TELEGRAPHIC NEWS
THE FORT MONROE TRAGEDY.
Proceedings of the Fifth Day Of tho Ham,
ton, Va, Trial.

Special Dispatch to The Evening Star.
HAMPTON, Va, September -, 1891.
>. When the fifth day of the Hams trial Lega
this morning it was raining steadily, thong
this had no appreciable effect on tho attic nd
anco In the court room. 1t simply made tn
long ride over from the Hygeia Hotel. wher
;. most OF the people who are interested in til
progress Of the trial are stopping rather les
u pleasant than it has been III the deligLtfull
/; cool fall mornings that characte rixed the earl
a part of the week.
DISCUSSING HAMS DEFESsE.
AT the hotel last night the story that Hahn
told III his own behalf when on the witness
stand was the general subject of conversation
1t was known. of course, all along about wha
his account Of the shooting would he, inasmucl
as the plea of sclf-defense would necessitate hi!
telling Of quarrel and an attempt or a sup.
posed attempt made upon his life by young
flanagan.
Still both the prisoner and his counsel had
kept such complete silence about the details OF
the case that there was the greatest curiosity to
hear what Hams would have to say in his own
defense and to see how he would comport HIM
self while on the witness stand.
MS GREAT CoMFosuRE.
| Throughout the whole trial he had main
tanned u remarkable compozure of manner
The first time any emotion was evident on his
part was when he was on the stand yesterday
morning He was seated i'll the witness chair
and telling the story of the affair from the time
that he and HauneGan left Washington for Fort
Monroe on board Mr.. Jones' yacht, the Cyg-
| net.
During the earlier part of his recital he was
| calm and collected, but as he recounted the
story of the shooting itself his voice became
husky and his GOODNESS seemed to be deserving
him. As he went through the motions of the
wounded man and the latter's cry for help as
he struggled to pull himself above the gunwale
of The boat Hams came very near to breaking
down completely. 1t was only for a moment,
however, and he went bravely on.
MOST AFFECTING SCENE.
By long odds the most affecting scene con-
nected with the trial was when Mrs. Hams went
on the stand. Several times as she told Of the
friendship Of her son and the dead young man
she was overcome by her feelings and forced to
stop until she could partially recover. She was
on the stand only for few moments |
but as she struggled on with her testimony it
Was noticed that the defendant was more af- |
fected than when he was on the stand himself |
and for the first time since he was arraigned at |
the bar there were tears coursing down his pale |
cheeks.
He was not the only one in the crowded court |
room who was moved to tears and the mothers |
distress she testified on behalf of her SON
seemed to have the greatest effect upon the
jury, who were leaning forward to receive her
every word with close attention.
There is the widest difference of opinion here
and at Fort Monroe as to what the verdict of
the jury Is likely to be, varying as it does from
guilty as indicted all the way around to a YER
llct Of acquittal, that will exonerate the de-
'endant from all blame for the killing of his
friend.
The STAR correspondent has discussed all
the features Of the case with the counsel on
both sides. The attorneys for the common
wealth have given no opinion Of what the YER
iict will be. while at least one of the LAWYERS
Tor the defense has expressed the utmost con-
1dence from the very beginning that the only
possible verdict is one of acqulttaL 1t remains
10 be seen whether they are over confident or
not, for 1t must be admitted that Virginia
ury ia likely to place great stress upon the in
ierent right Of self-deferse, while at the same
ine they are pretty sure to be equally severe
I they believe one man while armed takes an
Unfair advantage Of an unarmed man.
THIS MORNINGS PROCEEDINGS.
When the case had been formally opened this
norning the commonwealth announced that '
hey had yet two witnesses whom they were de- =
irous to place upon the stand to testify as to :
he position the body of the dead man occupied !
n the boat at the time it was found by the
uard from the fort. They had not been able
D obtain this testimony before and were
nxious to be allowed to present it now. ,
The defense, by Judge tioode, objected on !;
be ground that the commo Nwealth had an
ounced yesterday that they werc through with I
heir side OF the case, and with this understand
Is the defense had proceeded to submit their d
lstructions. G
They objected also because Of the fact tl;at d
,e testimony could not possibly be evidence
rebuttal, as tie defense had brought in | .,
othinS with reference to the position of the W
ody. "
Mr.. Lipscomb responded that while il wa, 81
ue lne commonwealth had announced that n,
ley were through with the case they had since w
zen appraised Of important evidence and asked ri
II reopening of the hearing. He ARMED ~
pom their right to make such q request and
noted numerous authorities to sustain his
,sltioH In the matter. | tn
1t wa understood that the commonwealth Or
ere anxious to submit testimony TO prove 80
at the body when found was forward ";
the center seat with the feet over the sea. | ~
Ills was to overthrow the theory of self 81
'fense on the ground that il Hannecan -.
al risen to his feet and stepped forward VI
ward the stern of the boat from the center l.
at In order to use the oar as u weauon his ~,
ad body must have been found living aft of W.
@ center seat. ~
ARGUING As TO THE NEW EVIDENCE VI
Judge Gunter ordered that the fury be rc of
owed from the court while the question WAS at
ing argued and as soon they left the room w
r. Lipscomb went on to say that they had liz
und out this evidence only last night More an
err he said 1t was properly evidence in rebnttal to
: the reason that the defendant himself in his Z,
'amony was the first witness who, realizing an
NJ the distance from the center seat to the ! hi,
'rn locxer was too great for the oar III,
reach II, had testified that Hanneean sh,
80 from the seat and took a stem !
two forward before he struck out with the 90
r. Mr.. Lipscomb said it was only fair that ira
rebuttal the commonwealth be allowed to ess
Nv that from the position of the body in the wa
II the dead man could not possibly nave mn
pped toward the stern locker before be was me
~
lr. Wise read at length from Hams testi-
ny given yesterday to show that flanagan
stepped forward. and that after he shot. he
back upon the seat and slowly sunk back An
I'd, his hand grasping the guuwale
L.. Wise said that there was no sucpestion
u the body YVES aft Of the center board and VIII
II was admitted that the body fell back &c.,