The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-27
STATE RESTS
IN THORNTON
HAMS CASE
Motion to Dismiss Denied by
the Court, and Statement
of Defense Made.
MARITAL TROUBLES
RETAILED TO JURY
WITNESS CALLED WHO CONTRA
DlcTED TESTIMONY OF OF
FICER FALLoN.

Flushing. y. Y. Dec. 2s.-That the trip
NJ Thornton J. Hams and his brother.
Peter g. Hams, jr, last August to the
Ravside Yacht club. where William f.
Annis was killed. came about Through the
invitation of an old friend, and the jour
uev was therefore not taken with the
design of taking the life Of Annis, is the
declaration made today by Lawyer 10
seph w Shay an the outlining or the de-
Tense OF Thornton j. Hams. charged Win
mis- brother with the murder OF Annls,
The name of the friend who VIII De
called to testify that on the afternoon OF
Aug 10 he invited the Hams brothers 10
Bayside. where they We're to look over
some property near the yacht CLUB, was
10, given. The defendants counsel in his
opening started TO relate the unfortunate
details Of Captain Hams marital trou-
bles. which Mr. Shay declared caused the
mind of the army captain TO become I'M
balanced On objection Of District Attor-
ney Darrin, Justice Crane ruled that only
a statement of what Annis did. whether
trre or false, was not admissible. Justice
Crane said counsel might relate whatever
was told to Captain Hams or the defend
ant With the ruling Mr. Shay recited all
Of the alleged acts of Mrs. Hams which,
Mr. Shay declared, she had told her hus-
band on his return from the Philippines.
Merely Protected His Brother.
ltefidTdDOu was illaQt DN MI shay IIidl
Il was the club members who called
Thornton Hams attention TO Mr.. Annis in
his boat and counsel said that before the
defendant could induce his brother to
leave the dock, Captain Hams rushed TO
the float and shot Annis to death The
defendant believing that his brother was
in danger of his life from John Tonning.
tire bOatman and the club members,
warned them off with his revolver, said
counsel
IL
defendants counsel to dismiss the indict-
ment. after District Attorney Darrin an
nounced today that the state rested, ruled
that a defendant might he held guilty as
a principal even though the man who did
the shooting was insane The court fur
ther ruled that a defendant would be
guilty as principal who aided or induced
an insane man to commit murder.
When court opened District Attorney
Darrin called Policeman George Bolton to
tell Of the efforts he had made to serve
a subpoena upon John Tonning, the mis-
sing witness. He was excused and Louis
Harway. who was with Annis on the boat
was recalled. He gave the dimensions of
Annis' boat.
Following Mr.. Harway's brief testimony
the prosecution rested.
Motion to Dismiss Denied.
Mr.. Young moved that the Indictment
against T. ]. Hams be dismissed, but the
Mr. Young proceeded with his argu-
ment, taking the position that a person
charged with being an accessory to the
commission of q crime could not be tried
until # was proved that the principal was
guilty.
Right there disagree with you" Judge
Crane said II hold that this man may be
guilty Of murder in the first degree. as a
proposition of law. although the man who
held the revolver and fired the shot was
not guilty of murder and was insane
II am going to hold that a man may be
guilty Of murder committed by a lunatic
ne aided and encouraged it knowingly.
and Intentionally. knowing the act and its
c0nsequences. In my opinion a man who
Is present at the commission Of a crime
and aids and abets il is not even an acces-
'oTy under the common law, but a prin-
iDal''
The state then rested its case. Joseph
endy. associate counsel for Thornton
Hcins, I'm opening the case for the de-
Tense, charged that the evidence of the
STATE bore semblance of falsehood. inven-
a'a and manufacture. He said that the
Continued on Page 2.