The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-12-27
STATE RESTS
IN THORNTON
HAMS CASE
Continued from PAGE I

ueIense VIII prove that Thornton Hams
haa nothing TO do with the death of Annis,
tnat Halns had no thought of Annis in
his mind when he went to Bayside. that
ne had no idea that Annis was there that
thornton Hams did not know his brother
mad revolver, and that Thornton would
nave prevented the meeting between his
brother and Annis If he could
We propose to show you that the BROTH
er. Captain Peter c. Hams. was mentally
unbalanced, and to show you the causes
Wnicn created that condition of mind -
said Mr.. Shay. He declared that Thorn
totn Hams had conferred last spring with
Messrs- Jesperson and Bugg who had
property Tor sale at Bayside near the
sacht club: and that MIR. Bugg told Hams
club.
Why Pistol Was Carried.
Mr.. Shay said that on the day of the
klhng OF Annis the two brothers left
BROOKLYN. intending to go by motorboat
to Fort Hancock. Thornton j. Hams car
RED his revolver 10 be fired as q signal
of distress in case the motorboaf ran short
OF gasoline or for self-protection in case
OF attack by thieves or river marauders
when landing after dark.
mat the captain had a revolver with
MN or these occasions and on this dav
was beyond Thorntons widest imagina-
tlon, SAID Mr.. Shay, for on account of
the condition of the captain as we show
you, the utmost care was exercised to
dangerous to his own life.'
Ihe trip TO Fort Hancock was aban-
ooned' Mr. Shay said, because of time
taken UP with a talk with a builder and
instead the brothers decided to 90 IN Rav-
side 10 look at the lots which Thornton
Hains thought OF buying Counsel de-
ciared that proof would be adduced to
show that on the day of the shootine
Captain Hams was a mailman as The
result OF his marital troubles which conn
sci related in detail to the jury.
Killing of Annis.
Describing the killing of Annis Mr.
Shay said that the Hams brothers were
inqulrlng at the Bayside Yacht club for
Jesperson, the real estate dealer, when
Birchneld, who was standing near by.
time he said, Thornton Hams asked il thar
were Billie Annis' wife, and asked If An
mis- was there Thornton was told that An
mis- was on board this boat, which was
then approaching the dock
Continuing Mr.. Shay said:
thornton Hams, realizing that q sight
of Annis to his brother would probably
mean the undoing OF his mental improve
then that he turned to his brother and
taxing him by the arm, said Come on.
Peter, Jesperson is not here Let's 90
back The captain shook himself from
the defendant and instantly Birchfield
ran down the gang plank, the boat being
IN. According to Mr.. Shay, Thornton Hams
did not come up with Captain Hams until
after the shooting and when Tonning had
the captain in his grasp and was about
70 strike him 1t was then. said the at
torney. that Thornton cried out Don't
hurt him. he's my brother /"
Other Statements Untrue.
Mr.. Shay promised to show that all or
most all of the statements attributed to
Thornton Hams are absolutely false and
untrue; that every shot was discharged
before Thornton was even upon the float:
that Mrs. Annis was not on the float. and
mat a pistol was not pointed at her back
and that, inasmuch as his brother was
insane or partly deprived of his reason,
the defendant was only advancing TO pre-
gent him from committing an act dan.
serous to himself OF to another"
With the closing of the defense's out
line. Mr. Mcintyre called District Attorney
Darrin TO the stand for his first witness
Justice Crane declined TO allow the wit