New-York tribune., 1908-08-17
nest which will be held in Flushing on


held in the Flushing police court. but as Mag
istrate Fitch. of Flushing. and Magistrate Con-
molly of College Point, are both out of town, 1t
was decided to take the accused brothers to
Long Island City. Captain Ruthenberg ordered
the patrol wagon. One Of his friends, knowing
the prominence of the family, asked him IL he
was not going to send the brothers down to
Long Island City In an automobile
''I should say not!' exclaimed the captain.
eff had pushcart I'd put them In that and
trundle it down myself. AS it is they go down
the hurry-up wagon, just like a fellow VINO hao
stolen hod of COAL
HAMS A SOLDIER THROUGHOUT.
CAPTAIN Hams the chief figure in the drama,
is a slight man of thirty-sfx. He wears glasses
of enormous size upon aquiline nose, and has
much more the appearance of a student than of
a soldier Nevertheless. his carriage, save Tor
a scholarly stoop of the shoulders, which he eVl-
IDENTIFY strives constantly to correct, is upright
and solGierly. His posture before the magfs-
trate was erect and his body was motioniess
He had the bearing of a soldier listening TO
orders and prepared to accept without murrnur
whatever came his way. He thanked Magistrate
Smith courteously after the hearing was ter
minated. and seemed confused about the way
out His confusion embarrassed him and ne
flushed over his awkwardness- A policeman set
him right and he went to the jail without COM
plaint
Thornton j. Hams, the author, is much more
stoclxilv built than his brother. and, except for
a certain unconcern that amounts almost to
slouchiness in his carriage his might be the
more readily taken for the solderly figure. His
exnression when before the magistrate was a
nufzzIcaI one He listened 18th intentness to
the reading of the rather long charge, his men
tai faculties apparently in no way dulled by
either the trying experience of the previous day
or of the night of sleeplessness. He wears
short cropped mustache and looks ruddy and
we'll fed.
The formal charge, sworn to by policeman,
was read aloud by Magistrate Smith. The
crowd of friends OF William E. Anns. the muir
dered man. who filed the courtroom, strained
their ears to hear every word
do you require the services OF lawyer"
asked the magistrate the question being rs
always asks of defendants.
While Thornton Hams was explaining that
Welton c. Percy. of Russell & Percy, would
represent them runner for local lawyer
jumped to his feet and endeavored to make a
connection with the case Magistrate Smith
promptly cut him off and adjourned the case
until this morning.
You at liberty to demand an examination
or to waive examination for appearance before
A single swift glance interchanged between
the brothers suff1ced as consultation upon the
point and they said they would have an exam
ination. They seemed to have a perfect under
standing.
The two accused men. after arraignment, were
placed in the waiting patrol wagon and taken to
the Queens County Jail.
Mrs. Annis is prostrated at the home of Mr..
and Mrs Harvey G. Rockwell, No. 366 San
ford avenue and has been kept from all callers
by her hostess.
District Attorney Darrin confident yester-
day of early trial. possibly in November.
with the facts at present in hand I can say
thai it was a deliberate premeditated. cold
blooded murder he said. Both brothers
guilty of murder In the first degree. Thornton
Hams is just guilty Captain Hains, who
fired the shots. There Is mystery attached
to the crime; 1t is simply an open daylight
murder in the presence of several hundred per-
sons. Just what defence they may present of
course. I cannot say. but it strikes they
will have difficulty In making defence Of any
kind that will stand In law. They cannot plead
impulse or sudden insanity Thaw did. for
the act apparently deliberately planned for
hours. II not days. perhaps weeks. ahead
Talk of bail for either of the is simply
out of the question and would not be considered
T. l.
case to the first fall grand jury which convenes
In October. and will plan to have the trials
take place during the following month. Con-
cerning the story OF Captain Hainss alleged
wrongs I do not think it would be proper for
me to discuss that phase of the tragedy
Neither will 1 venture opinion concerning the
chance of Captain Hams taking the witness
stand and attempting TO tell the story OF the
alleged wrecking of his home by the murdered
man. Questions of that sort only be settled
at the trial"
Many lawyers thought yesterday that the
defence would plead justifable homicide, the
plea whicr resulted in the acquittal of General
Daniel e Sickles after he had shot and killed
Phillip Barton Key. in Washington. in 1850
General Sickles was then Congressman. and
Kew the son of Francis Scott Key the COM
noser Of .~rhe Star spangled Banner" a
we'll known man about twon. He is said to have
boasted of his relations with Mrs. Sickles. and
II was his claim that woman could resist
him General Sckles waited for him and
killed him instantly in the street. The general
best known criminal lawyers of the time. and
was acquitted after a stirring plea to the jury.
The case was cited precedent during the
first Thaw trial
General Peter Cooper Hains. father of the ac-
cused men, is staying at the Hotel Astor He
refused last night to discuss the statement made
by Mrs p. c. Hams. jr. that he and his son
Thornton had conspired TO ruin her and that
she was not guilty of inhdelity to her husband
Il hope you will appreciate my position said
General Hains to the reporters. Il simply can
not talk about this Eiatter.'