New-York tribune., 1908-12-29
URGED HAINSES TO GO
TRIP TO B4YSIDE CLUB.
Brothers Friend Also Testafes TO
Captain's s Mental Condition.

Captain Peter C Hams. jrq in the kiilihs OF "'
lam E Annis the Bayside Yacht Club An eN-
baustive cross-examination of the witnesses
for the defence left the main points OF tneir
testimony unshaken. and Thornton Hams returheu %
TO his cell last night saying that the e'iue'oe
proved his innocence.
Testimony that Thornton Hains did not go to
Baysfde kill Annis. but to look at property was
given by Charles r. Weaver. sales agent ler anu
partner with General Hams in the Hams concrete
Mixer Company. who said further that II was At
his lnsistent invitation that the Hains brothers on
August Is postponed trip to Sandy HOOK anu
went Bayside TO inspect real estate there MI
Weaver was much affected when he said that he
responsible for sending the dalhs pIotheiS '1
The Journey that ended in the death OF Annis-
The mental condition of CAPTAIN Hams pre-
vfous to the shooting was testified TO by MI
Weaver who said that from the actions Oh 'he
captain he believed him to be irrational
The second material point brought out by the
defence was in the testimony of John TierneE d
| garbage collector who said he saw the Tragedy
Tierney said Captain Hams had ceased firing oe-
! fore his brother down to the float ana that
| the defendant did not draw his revolver until
! Charles Roberts club member, advanced to"aIu
Captain Hams with the captains reVolNer if' Ms
! hand. Tierney said further that Thornton Hams
did not point his revolver at any one on the noal'
! but called for officer to arrest his brother. lie
| did not see Mrs. Anpis on the float A severe
| cross-examination did not make Tierney WaFer III
| the essentials Of his direct testimony.
! Joseph A Shay and Mr.. Mcintyre OF counsel
for the defence went on the stand first yesterday
and swore that Detective Fallon was not near
enough to Hams the inquest to talk with hilii'
REAL ESTATE DEALER ON STAND
Leo Bugge. Mr. Jespersons partner. meinoer
! Of the Bayside Yacht Club. said ne had properly
for sale south Of the Bayside Yacht Club In April
| the defendant called at his Office nquiring for
Mr. Jesperson. 4 showed him maps OF Douglas
| Manor property. and when he said they were 100
| high priced far from the water SAID the
witness. Il suggested some pieces at Bayslde' ana
we made an engagement go down the following
| Saturday when. I tod him, either Mr. Jesperson
| or ] would meet him"
| Under cross-exa mination the witness said that
| the defendant had not communicated with him
! after the April interview: and had consequently
| made no engagement for August 10 But Mr. Nc
| Intvre brought out that Mr.. Jesperson had kept
after Hains TO make the sale which corTohorated
| Jesperson's testimony.
| Walter Stafford of No 44s West 18th street tes
| tilted that he talked with Martin Skura, the cab
| man. on December u. and that SiSura said: De
| tective Fa1on and a from the District Attor-
ney-s Office wanted me TO say thornton hams
| asked for Annis and said Now we've got him,
| hut I won't do If. I've got mother and brother
! to support and will tell only the truth
| Stafford sa.s he took Skuras statement down on
! paper and wantej The boy TO sign it. The Court
| asked for the paper.
= destroyed it when he didn't sign 1T" said the
! witness who had testified that he had been an in
| vestigator for years.
What thundered Justice Crane, you have
been an investigator for years and yet you de-
| stroyed that paper?
YES sir" said the witness
| MET BROTHERS ON AUGUST Is.
| Mr. Weaver. who lives at No 47 Riverside Drive.
said he met Thornton and Captain Peter c Hams
| near the entrance TO the Brooklyn Bridge about
| noon on August 10
| We crossed City Hall Park said the witness.
| Thornton said me- Come on Weaver; I've got
| you now; well take that trip in small boat.
| Captain Hams had wanted 10 take me for some
| bY1rI baT Tafl
| thought his launch too dangerous. told Thornton
that day ! didn't to 60 in the small boat
| I asked him why didn't go to look up some Of
| the land he had spoken of. I did not remember
| the name of the place. He said he would if I'd go
| with him We lost the captain about Broadway
| and Worth street. Thornton searched for and
| found him"
Thornton and he had lunch at the Waldorf. but
! Captain Hams remained in the hall AT the ferry
| Mr. Weaver found he could not get back until too
| late, and he decided not TO go.
| Thornton said You've got TO go but turned
away. seeing them go on boat" said the witness,
Thornton said, before parted, Meet me TO-
night about OF 9 o'clock. the Hotel Astor-' ~
Mr. White. District Attorney Darrin's assistant,
objected to any conversations that the witness had
rad with Captain Hams Mr.. Mcintyre Informed Jus
| tice Crane that he wished to incorporate, in a
bvpothetical question be put the experts, Ger
tain conditions testified by the witness. Mr.
White still objected. the ground that the queS-
tion of Captain Hains's sanity was irrelevant
Justice Crane said two questions were involved
one of law and one Of evidence He ruled that as
a question of law. the defendant could not hide
behind the acts of insane man. and that II ne
aided the insane to commit the shooting the
defendant was Just guilty If he had done the
shooting As a question of evidence Justice Crane
held that the matter OF Captain Hains's sanity was
admissible as bearing the attitude of his brother
at the time Of the shooting. The evidence belhg
! admitted. Mr.. Weaver continued his testimony, de-
scribing Captain Hanss condition previous TO the
shooting thus:
DESCRIBES HAINS'S CONDITION.
"Cantain Hams just before he left for the Phil
ippinee called with his wife my home to say
goodbv He appeared afectionate toward his
/ wife and EXPRESSED regret having to leave his
family At the time next saw him. last August
Captain Hams said: My wife was a good woman.
1,lIf Annfs ruined her. The captain looked wretch
ed Il he had gone to pieces lie looked into
space twisted his hair. then jumped and whistled
/ or sang = song HI seyes didn't look right; they
were glazed and dull His face twitchcd about the
mouth
- little later took Captain Hams Boston.
We stopped at my house for supper. on that trip
| he continued 10 live himself. and the twitching
Of his face continued Captain Hams said while
! in Boston
NV wife comes from this town but now 1 have
no wife he continued scratching his head and
pulling his hair and whistling- He said to me;
MY God, Weaver. my homes all gone
we returned TO New York and went TO Thorn
tons house in Bay Ridge. He continued to pull
his hair. and said IT'S bad. Weaver: too bad
| 7 saw him no more until August IS. considered
him irrational on August l. he still pulled his
hair his mouth twitched and his eyts were CLASSY
and staring
when Mr. AnnIss boat came up said TierHey. the
ashulau who was called next Il saw Captain
Hams go TO the edge of the float and start to
shoot The shots were discharged all in jify
rrbera Vas no uause between The shots Then