Los Angeles herald., 1908-12-27
HAMS DEFENSE
MADE CLEAR BY
HIS ATTORNEYS
TRIP TO YACHT HOUSE WAS
DUE TO FRIEND
FOES OF ANNIs, BUT DID NOT GO
TO sLAY HIM
interesting outline of Case Is Made
by Counsel shay-Motion to
Dismiss Indictment
Denied
L. L, Dec. 2e.-That the
trip of T. j. Hams and his brother,

trim of T. ], Hams and his brother,
Captain Peter C. Hams, Jr.,
last August to the Bayside Yacht club,
where William e. Annis was killed,
came about through the invitation Of
an old friend, and the journey was
therefore not taken with the design OF
taking the life of Annls' is the oectaIa- ia
tion made today by Lawyer Joseph w ::
Shay in the outlining of the defense or
Thornton ]. Hains, charged with MS
brother with the murder of Annls
The name of the friend who will be
called to testify that on the afternoon
of August 15 he invited the Halns
brothers to Bayside, where they We're
to look over some property near inc
yacht club was not given.
The defendants counsel in opening
started to relate the unfortunate de-
tails of Captain Hams marital troup-
les. which Mr.. Shay declared caused
the mind of the army officer 10 pc
come unbalanced. On objection OF Dis
trict Attorney Darrin Justice Crane
,,lled that a statement of what
Annis did, whether true or raise was
not admissible.
Justice Crane said counsel might re-
late whatever was told to captain
Hams or the defendant.
With the ruling Mr.. Shay, chief coun-
sci for r J. Hams, recited all OF tne
alleged acts of Mrs. Hams, which, Mr..
shaw declared she had told her nus
hand on his return from the Philip
pines.
Blames Club Members
Declaration was made by Mr.. Shay
that it was the club members who
called Thornton Hams attention to Mr.
Annis in his boat and counsel said that
before the defendant could induce ms
brother to leave the dock Captain
Hafns rushed to the float ana shot
Annis to death.
rT-he defendant, believing his brother
in danger of his life from John Ton
ming, the boatman, and the clup mem
bers, warned them OH with MS feVolNei'
said counsel.
Justice Crane, in denying the motion
nv DEFENDANTS counsel to dismiss the
Indictment, ruled the defendant might
be held guilty as a principal, even
though the man who did the shooting
was insane.
The court further ruled that defend
ant would be guilty as a principal who
aided or induced an insane man to COM
NIT murder.
Describing the killing Of Annis, Shay
said the Hains brothers were inquir1ng
at the Bayside club for Jesperson, the
real estate dealer, when Birchf1eld, who
WAS IGdl W. 6POfAG ~ -AAf@
Annis by name.
AT this time, he said, Thornton Hams
asked if that were "Billie Annis wife,
and asked if Annis was there. Thorn
ton was told that Annis was on board
his boat, which was then approaching
the dock
Tried to Get Him Away
Mr.. Shay said: Thornton Hams,
realizing that a sight of Annis to his
brother would probably mean the un-
doing of his mental improvement, de-
cided to get him away.
1T was then he turned to his brother
and. taking him by the arm, said,
Come on, Peter; Jesperson is not here.
Let's go back The captain shook
himself from the defendant and in
stantly Birchfield ran down the gang
plank, the boat being in"
According to Mr.. Shay, Thornton
Hams did not come up with Capt.
Hams until after the shooting, and
when Tonning had the captain in his
grasp and was about to strike him.
1t was then, said the attorney, that
Thornton Hams cried out, Don't hurt
him; he's my brother"
MIR. Shay promised to show that ALL
or most all, of the statements atrib-
uted 10 the defendant are absolutely
false and untrue; that every shot was
upon the float; that Mrs. Annis was
not upon the float and that a pistol
was not pointed at her back, and that
"inasmuch as his brother>w insane
or practically deprived of his reason,
the defendant was only endeavoring to
prevent him from committing an act
dangerous to himself or to another"
With the closing of the defense's
outline Mr.. Mcintyre called District
Attorney Darrin to the stand for his
first witness.
Court oVerruIes Him
Justice Crane declined to allow the
witness to state whether Captain Peter
Hams was indicted and what DISPOSE
ton had been made of the case.
The court further declined to allow
the district attorney to say why Spe-
cia1 Prosecutor White was brought into
the case.
Mr.. Darrin was permitted to tell
when Special Prosecutors White and
Dayton were brought into the case,
and was excused.
Eugene L. Young, one of Hams
counsel, took the stand. He said he
was with the defendant at the coro-
ner's inquest when Officer Fallon tes-
titled that he heard the defendant say
that he wished he could go down to
hell and get Annis and kill him again" !"
Mr.. Young said the accused and Mr..
Fallon did not speak to each other.
other statements attributed by Fallon
to the defendant were, Mr.. Young said
not uttered.
Mr.. Young said he told Martin Skura,
the boy cabman, that he and Mr. Shay
were lawyers for Hains. He then re-
lated the conversation with Skura, the
chief points of which were incor-
porated in Skura's signed statement.
Mr.. Young said:
'Mr. Shay asked Skura If the name
'Annis' had been mentioned during the
ride of the Hams brothers to the club,
and the boy said: 'Annis' name was
never mentioned. Skura further said
that no one told him to drive behind
the stage"
Mr.. Young said, on cross examine
ton, that the reason he had called Mr..
McIntyre's attention to Officer Fallon
talking to the defendant was because
FalIon was a precinct detective Pre-
cinct detectives were prone to put
statements in the mouths of witnesses.
Mr.. Young was excused and JUS
tice Crane adjourned court until Mon
day.
Goes After Alleged Train Robber
HELENA. Mont, Dec. 26.-United
states Marshal Merriheld left tonight
for Moorhead, Mimi, to bring here for
trial George F'rankhauser, the alleged
Great Northern train robber recently