Evening star. [volume] (Washington, D.C.) 1854-1972, 1891-07-16
I'd EDITION.
THE TRIAL TO GO ON.
Motion to Postpone Hams Case Over
ruled by the Court,
ESCAPED FROM TIE NAVAJO INDIANS.
Efforts Being Made to Take Dun
can to St. EIizabeths.
TENNESSEE MINING TROUBLES
ESCAPED FROM THE NAVAJO INDIANS.
TENNESSEE MINING TROUBLES
THE FORT MONROE TRAGEDY.

Special Dispatch to The Evening Star.
HAMPTON. Va. July 16.-As foretold in yes.
terday's dispatch to The STAR, the defense in
IIain's trial asked for a continuance on the
ground of the enfeebled state of the prisoner
health.
Ten o clock this morning was the hour SET
for the commencement of the trial of young
Hams Of Washington for the murder of his
friend. Ned Hanregan, at Fort Monroe las,
month. IL was the first day of the July term
Of court and 10 one really believed that things
would get under way anything like
on time. Early IN the morning little
groups began to gather along King street.
on which the county court house is
situated, and soon after the doors
| OF the court room were opened the benches
began to fill up with Interested spectators
| number came over from the HyScia Hotel. and
| the audience was mixed collection of people.
Officers and soldiers from the fort, witnesses
| and friends of the two parties to the shooting.
ms well as q scattering of spectators who were
moved merely by curiosity
The court room Is roomy and comfortable
affair with plenty OF windows to admit the
| ocean breezes
| The accommodations are quite rs good IS are
In the Criminal Court, Washington.
| HAMS LOOKED PALEn THAN USUAL
| Hams did not spend very comfortable night
and looked somewhat paler than usual, though
his remarkable nerve stood him well today.
Around the Jail all was quiet as the inside
of tomb, and in the absence of a lynch
ing party that had been expected
| there was nothing to disturb the rest of those
within the Jail walls. 1t was warm here this
morning and all the town was out of doors.
The town had rather holiday air. for it was
i the opening day of the new term of court in q
| county seat.
ARRIVAL OF COUNSEL.
| The first of the principals in the trial to put
II -
monwealth's attorney for Elizabeth City
tOn,' Is to assist him in this important
| trial They were loaded down with
big calf-covered legal books, which they
scattered broadcast over the long table
| in front OF the the judges desk In
a few minutes Mr.. Joseph Shillington,
| jr-. of the defense came in, and the two Wash
| Ington attorneys had a chance to greet each
other for the first time since they have been at
Old Point.
Col Tom Nelson of Indiana, Ned Hannegan's
grandfather. came in early. Some time before
the case was called this morning he expressed
himself as being averse to taking any active
part in the prosecution of young Hams. 1t is
| thought. however. that he will be on hand
| throughput the trial and act as an advisory
counsel
THE FIRST sTENoGEAPHER SEEN THERE.
A novelty was introduced today in the person
of a court stenographer. Furnished by the
| defense it was the first time such feature has
| ever played part in this court and the court
officials were a little in doubt at first as to lust
what to do with him. and whether or not he
should be put or oath to make faithful report
of the proceedings.
There was some little doub: expressed as
| to whether Hams would stand for trial this
| morning. Judge Peek's court is the county
court, but by the law OF VirginIl any person
who is charged with crime the penalty for
which is death he may elect in which court he
will be tried, the county or criminal court or
| the circuit court. Before tine prisoner is
| arraigned and called upon to plead he is asked
| by the clerk in which court he desires to be
| tried. II Hams elected to be tried in the cir
4 cult court the trial would stop right there and
| the case would go over until the second Mon
| day in September. when the circuit court meets
| Judge John Booker, the clerk of the court,
was Tor six years county judge of Elizabeth
City county, but al the last election he was
| made county clerk, far more lucrative posi-
| ton
! LONG AND TEDIOUS WAIT.
! This morning there was long and tedious
/ wait after the time set for commencing before
| anything was actually done. and it was after II
o'clock when Judge G. NJ. Peek came in and
| took his seat at the judges desk. Oyer oyeZr'
began sheriff Curtis and the court was formal y
opened for business the first of which was the
\ swearing a deputy sheriff OF the county.
1t was clear that it was all in the Old
Dominion. for the bulk of the oath was
taken up with a statement by the new official
| that he had not for certain length Of time
| fought a duel or accepted q challenge TO fight a
| duel and did not intend to do SO in the future.
Mr.. Lipscomb, at the request of Mr.. Mon
| tagpe. was admitted to practice in the county
,, and the witnesses for the government were
| called.
THE Defense ASKS For TIME.
and said that if it pleased the court the de-
PENDANT was not ready to stand trial because of
his enfeeb,ed physical condition, and he started
| to read an affidavit from the prisoner as to his
| condition.
Thornton Hams was not in the court at the
time, and Mr. Montague suggested that it was
! not proper to go on unless the prisoner was
present and a slight delay ensued while he
| was being brought III from the jail building
| i'll the rear OF the court house. Col. Hams, the
| father Of the prisoner. was seated within the
railing and to the rear of the counsel for the
defense. Mrs. Hams was not present and the
only woman III tho court room was a
| young colored girl, who was there as an idle
spectator. In atew minutes Hams came in
| with his brother. Lieut. John iIains. and took
| a seat near his father after shaking hands with
several members of his counsel. He was i'm
maculately dressed III a light graz summer
| suit with q white tie. lie WAS pale and looked
I as though his confinement had to some extent
disturbed his usual good state OF health.
| Judge Goodc then continued the reading of
| HMns' affidavit, which was to the effect that the
state of his health such as 10 imperil his
life if he was compelled to undergo the ordeal
of trial.
Mr.. ShillingtoI also described conversation
he had had with Dr. Peek. Hams physician in
the course of which the doctor had sail that
tho prisoner suffering from stomach and
heart trouble and ought not TO be subjected TO
the strain of a trial under ten DAYS
In answer to a question from Mr.. Montague.
Judge Goode said that the motion was for n
continuance.
Mr.. L.pscomb objected to the course of pro-
ceedinSs on the ground that the prisoner had
not vet been arraigned nor called upon to
| plead to the Indictment He read from a
number of authorities to sustain his objection
| Judge Goodo answered at some length and
| said that his learned friend Mr.. Lipscomb was
| relying upon the old common Law. forgetting
| that the commonwealth of Virginia had a crimi
| nal code of its own and statute covering thi,
particular point
THE NOTION ALLOWED.
| The court ruled that the motion for a contin
uance was in order at the present time anG
Jailer Miller was put upon the stand to testif,
to the prisoners physical condition.
He had seen Hams constantly since the Sd Of
July the time when he became connected viii
the Jail. Hams complained frequently Of bowe
| and heart trouble. On Monday last Hams wa
taken suddenly sick and he thought he ough