The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1908-12-14
INSANITY Of PETER
HAMS TO FREE
BROTHER
No Accessory to Madman's Act,
Says Counsel
FIRST TRIAL BEGINS TODAY
Writer of Sea Tales involved in Shoot
ing Capt. Annls at New
port.

49," AN'hi D'Ss -. l. JtukluS
Hams, writer OF short stories and
brother Of Capt Peter c. Hams. Jr..
will be put on trial this afternoon for
murder in the first degree before JUS.
tice Crane at Flushing. L. |. Three
panels Of prospective jurymen io7e
been summoned 1t is probable that
all Of today and tomorrow will be
consumed in the selection OF the
twelve men who will pass upon the
guilt or innocence of the accused.
Jenkins Haihs accompanied Capt.
Hams to Bayside, /. l., on Aug. 10.
and It is alleged, held off members
and attendants Of the yacht club there
who endeavored to prevent the killing
Of William p. Annis.
This will be the second trial OF
jenkins Hams on the charge of muir
der In 1891 he killed his friend Ed
ward Hannigan while boating in Hamp
ton Roads, Va During the trial OF
this case Rear Admiral Robley d. Ev-
ans. now retired, was aclled as a wit
ness He testified to beholding the
killing Of Hams and it was reported
time and again that Jenkins Hams
vowed he would balance accounts with
the admiral. His plea was self de-
Tense although the admirals testi.
mony was against that plea. He was
acquitted.
It is expected that his present trial
will end before Christmas JUSTICE
Crane is said TO have expressed the
desire TO hold night sessions Of neccs-
sary to close the case by thar time
No time has been set for the trial o
Capt Hams.
Gen Peter c. Hams and Mrs Hams
parents Of the two indicted men. ar
rived in New York yesterday and reg
istered at the Hotel Aston Both OF
them will attend the trial Of their son.
Counsel for the brothers who will
set up the defense OF temporary insan.
ity in the trial OF Capt Hams have in
Dictated that the defense Of jenkins
Hams will be that one may not be held
as an accessory to the act OF another
who is temporarily insane. The chief
issue IN the Captains trial. 70 is cN.
pected. will be thrashed out at the
trial opening today It will be assert
ed 1t Is said, that disclosures regard.
ing the alleged conduct OF his wife
and Annis had driven Capt. Hams in
TO mental responsibility and that
jenkins Hams could not be made 20
share responsibility for the act Of a
madman
District Attorney Darrin and Special
Prosecutor Elmer White will appear
for the state. and John f. Mcintyre.
former assistant district attorney Of
New York county, assisted by Joseph
Shay will represent the defense.
Capt. Hams was sent to the Philip
pines In the summer OF 1907 His
wife. formerly Miss Claudia Libby OF
Winthrop. Mass, remained at For
Hamilton with her three young chill
dron. The defense alleges that while
away Capt Hams received word from
Jenkins Hams OF his wife's misconduct
with William b. Annis. a friend Of the
Hams family. Since Hams has been
in prison a packet OF letters alleged
to have been written by Mrs. Hams
to her absent husband have been
round and these will be- read into the
evidence.
The captain returned and according
to Mrs. Hams upbraided her for acts
which she denied. As the result of
an alleged confession which Mrs
Hams says was wrung from her under
duress by Gen. Hams. father OF the
defendants. and the husband add
brothcrinlaw, there was a separation
Mrs. Hams returning TO her home in
Massachusetts,. a suit for divorce
was Instituted by Capt Hams In Bos
ton last June
From statements made after the kill
ing Il Is declared that Capt Hams be-
came morose and moody because OF
the unfortunate end Of his marital az
fairs. on August 10 he and his
brother jenkins appeared at the Bay.
side Yacht club
When Annls drew up 10 the float In
a catboat Capt Hams stepped up
close to Annls and shot him. Annis
fell into the water and died shortly
afterward.