Daily press. [volume] (Newport News, Va.) 1896-current, 1908-12-29
WENT TO INSPECT REAL ESTATE
Declared by Eye Witness That Thorn
ton Hams Was Not on Float When
His Brother Fired Shots-Proseeu-
ton Unable to Materially Shake
Evidence Offered Yesterday.
(By Associated Press1.

defense scored two material points
in the evidence developed in the trial
today OF Thornton J. Hams, which
the defendants counsel assert dis
proves the charge that the author
was principal with his brother.
Captain Peter c.. Hams, Jr.. in the
killing Of William E. Annis. at the
Baysde Yacht Club, in Little Neck
Bay.
An exhaustive cross examination
OF the two Witnesses for the defense
left the main points Of their testi-
mony mistaken. and Thornton Hams
returned to the Long, Island Jail to-
night declaring that the evidence
proved his innocence.
Present by Invitation.
Testimony that Thornton Hams did
not go to Bayside to kill Annis, but
to look at property. was TESTIFIED
to by Charles r. Weaver. sales agent
for the Hams Concrete Mixer Com
pany, who further declared that 1t
was ut his insistent invitation that
the Hams brothers. IN August Is
postponed q trip to Sandy Hook and
went to Bayside to inspect real es-
tate there.
Weaver almost sobbeG on the stand
when he said that he felt responsible
for sending the Hams brothers on
the journey that ended in the death
OF Annis.
The mental condition Of Captain
Hams previous to the shooting was
testified to by Mr.. Weaver. who as
serted that from actions Of the army
captain he believed him to be IRA
tional.
oesense's Second Point.
The second material point brought
out BY the defense today was drawn
from John Tirney, a garbage collec-
tor. Tirney declared that Captain
Hams had ceased firing before his
brother ran down to the float and
that the defends4t did not draw his
revolver until Charles Roberts, a
clubman. advanced toward Hams with
the captains revolver in his hand.
Tirney said Tharnton Hams did not
point his revolver at anyone on the
float, but called for an of1cer to ar
rest his brother. He did not see
Mrs. Annis on the float.
A severe cross examination did not
make Tirney waver in the essentials
Of bis testimony.
tiains Counsel Testifies.
Joseph A. Shay, OF counsel for
Hams. was called to the stand when
court opened.
He told Of his interview with Mar
tin Skura, the Bayside cabman who
drove the Hams brothers to the
yacht club.
Shay said that Skura told him IN
the presence Of Mr.. Young. associate
counsel for the defendant. that tn"
name Of Annis was never mentionei
during the trip to the yacht club and
that no one asked him to follow close
behind the stage in which Mrs. Annis
vas driving.
Mr. Shay SAID that neither ne nor
Mr.. Young represented themselves 20
Skura As newspaper men.
The witness further declared that
he was near Thornton Hams the
night Of the coroner's inquest ana
that the defendant had no conversa
ton with Policeman Fallen. who ties
tif,ei that Hams said to him that he
wished he could go down into he'll
and re; Annis and kill him again.
Pressevtien objsets to Question.
Charles r. Weaver. who knew TIE
Hams brothers and their wives. waS
called and vas asked to relate con-
yersat!oas he had had with Captain
Hams.
Prosecutor White objected TO any
conversations that the witness had
with Captain Hams.
Mr.. Mcintyre Informed Justics
Crane that he desired to incorporate
IA 0 hypothetical question to be p"t
10 the expert certain conditions test
fed TO BY the witness.
Mr.. White objected to the in'erEosa-
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