The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-12-26
INSANITY OF PETER
c. HAMS IS NOT
MATERIAL
T. JENKINS HAMS MAY BE GULL
TY OF MURDER IN FIRST DE-
GREE ANYWAY, RULES COURT
DEFENSE OPENS.


Crane. presiding at the trial Of T. Jen-
kins Hams, charged with being an ac-
cessory TO the murder OF VIM. Z. An
mis-, ruled today that the defendant
may be guilty OF murder In the first
degree. although the brother may have
been insane when he shot and killed
VIM. e. Annis, the clubman. This
ruling was made following the ccaten.
ton OF Hams attorney that the pre-
sumption OF innocence which the law
extends TO Capt p. c. Hains left a
doubt that murder had been COM
mitted at all: that, II Capt. Hams was
of unsound mind, 7. Jenkins Hains
could not induce him to commit u
crime.
The defendant, realizing the full
meaning of the crime with which ne
is charged, paled noticeably after the
Judges decision. His attorney, Mr..
Shay. then began the opening address
for the defense.
Distric. Attorney Darrin today
closed his case against T. Jenkins
Hams. on trial as an accessory to his
brother. who shot and killed VIM. r..
Annis at the Bayside Yacht club on
Aug. Is.
To pick up ends of the case not
covered entirely, the prosecutor called
three witnesses. George Bolton. po-
liceman, testified how he had spent six
days in a search for John Tonning, the
boatman, without finding any
trace Of him.
The officer said that the best infor'
nation he could get shows that Toll
ring and his family had moved pre-
to returning to Sweden.
Louis Harway, sailing partner with
Annis when the latter was killed, was
the second witness. He gave testi'
mony in regard to the measurements
of Annis' boat. His examination was
brief and there was practically no
cross-examination.
THE state rests It's case" Darrin an
Eounced.
Lawyer Mcintyre then appealed to
the court to direct the district attor-
ney to state on which OF the three
counts he elected to send the case TO
the jury. ..--... 49, 4sas .ss-.
II refuse to direct" ruled Justice
Crane.
Lawyer Young began reading a
voluminous brief moving for the DIS
missal Of the indictments.
II don't care to hear argument at
this time" interrupted Justice
Crane. Your motions to dismiss the
indictments and to direct the jury to
acquit the defendant are all denied"
ruled the court.
Mr.. Young was allowed TO argue on
points that had not been presented
earlier. He insisted that as the pre-
OF innocence which the law
extends to Capt. Peter c.. Hams left
mitted at all, 1t was not consistent
to charge Thornton Hams with muir.
der for that reason.
"As a matter of law. not I'm the
evidence. mind you, this defendant
may be guilty OF murder In the first
degree" interrupted Justice Crane
deliberately. II will deny that mo-
ton. This man may be guilty, al
though his brother may be guilty OF
no crime, and although he. the broth
er, may be insane"
The declaration OF the court made
the defendant straighten up In his
chair
For the first time he appeared to
realize fully the meaning Of the crime
with which he was charged. Twist
ing his mustache nervously. the de-
PENDANT paled perceptibly and seem
ed to feel deeply the absence Of his
relatives.
Mcintyre sprang a surprise by ar
guing that as Capt. Hams was OF
unsound mind, Thornton Hams could
not induce him to commit a crime.
ut has not been established, but
suppose the captains mind was not
receptive, would that change the sit
uation?" asked Mcintyre.
This man is going to be tried for
the things he did. his acts. his inten
tions," replied the court. "A man
may be guilty Of crime perpetrat.
ed by a lunatic II he knowingly aid.
ed the commission of the act
Il have not been able TO find any
references to this in the law books,
but am going to lay II down
In that way man cannot hide be-
that must be shown Is that the man
tHhIbcu WIN diuihs anu dDcttiuB TIC
crime knowingly did So
This last ruling hushed the law.
yers, and after all their motions had
been denied, Shay began his opening
address for the defense.
Mr.. Shay in his address said In
part:
I'VE will show you In all sincerity
that IL this case had been honestly
investigated and honestly prepared,
Thornton ]. Hams would not be at
this bar today fighting for his life.
We will prove that Thornton Jenkins
Hams had no more to do with the
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