Daily press. [volume] (Newport News, Va.) 1896-current, 1908-12-27
Promises to Prove That Brothers
at Bsyside BY Invitation
on Day Of Tragedy.
Why THORNTON HAMS WAS ARMED
Accused Cidnt Suspect That Soldier.
Demented by Martial Troubles, Car
ried Pisto!-Tried to Coax HIM
Away When Annis Approached
vii! Contradict Prosecution.
NV Associated PreBs.l

FLUSHING. y. Y. Dec. 26.-Tha,
the "Trip OF Thornton J. Hams ana
his brother CAPTAIN Peter c. Hams,
.J-,. last. August to the Bayside Yacht
Cllh where William r. AIMS was
killed, came about through the, inri'
tation of an old friend. and the jour
nCy was no, there fore taken with the
intention of taking the life OF Ann!S
is the declaration made Today b.
Lawyer Joseph W. Shay in the ont
lining of the defense OF thornton ).
Hams charged. with his brother
with the murder of Annis.
The name Of the friend who will
lie called to testify that on the alter
noon of August Is he invited the
Hams brothers 10 Bayside. where
they we're 70 lcOk over some property
near the yacht club. was not given.
Ruling on Marital Relations.
The defendants counsel in his
opening started to relate all the de-
tails of Captain Hams marital trou,
lies which Mr.. Shay declared caused
the mind Of the army captain to be.
come unbalanced. On objection OF
District Attorney Darrin. justice
Crane ruled that any statement OF
what Annis did. whether true or
false was not admissible.
Justice Crane said counsel might
relate whatever was tod to Captain
Hams or the defendant.
With this ruling Mr.. Shay recited
all OF the alleged acts Of Mrs. Hams
OF which, Mr.. Shay declared. she hao
told her husband on his return from
the Philippines.
Declaration was made by Mr.. Shay
that Il was the club mcmters who
called Thornton Hams attention tC
Mr.. Annis in his boat.
Thornton Couldn't Restrain Brother
Counsel said that before the defen
dant could induce his brother to leave
the dock. Captain Hams rushed to the
float and shot Annis to death.
The defendant believing his broth
er in danger CT his life from John
Tonning. the bOatman. and the club
members. warned them OF with his
revolver. said counsel.
Justice Crane. in denying the mo
ton of counsel to dismiss the ;ndlct
ment after District Attorney Darrir
announced TODAY that the state rest
ed. ruled that a defendant might be
held guilty as a principal ever
though the man who did the shooting
was insane
The court further ruled that de
PENDANT would be guilty as a principa
Who aided or induced an insane mar
to ccmmi. a murder.
Only two witnesses had been call
ed for the defense when Justice Crane
adjourned court until Monday.
Prosecutor As Defense Witness.
Mr.. Mcintyre called District Aticr
ney Darrin TO the stand 20 telLo Of the
employment by the state Of two sre
c:aI prosecutors TO asst In the
cases
Eugene n. Young, Of counsel fol
Hams the second witness. denied
the statements made by Policemen
Fallen. who declared that Thornton
Hams had stated that he would go
TO hell TO get Annis and kill hin
again"
Thomas Shay. associate counsel for
Thornton J. Hams. in opening TN
case for the defense. charged tina. the
evidence of the state bore every sem
lance Of falsehood. inven; ion an
manufacture.
He sad the defense will prove
Thornton Hams had nothing TO d
with the death Of Annis, that Hahn:
had no thought Of Annis in his m'nr
when he went TO Rayside. that he ha'
no idea that Annis was there. tina
Thornton Hams did rot know that hi
brother had revolver and TIA
Thornton would have prevented tn
meeting between his brother and AT
mis- ~ he could.
Slayer Mentally Unbalanced.
We propose to show YOU that tn
brother. Captain Peter c. Hams. va
mentally unb7 lanccd and to show yo'
the causes which created the condl
ton of mind" said Nr. Shaw.
He then declared thai Thornton
] Hams had conferred lest sprinl
With Mcssrs. Jcspersor and Bags
who had property for sale At Bsysid'
near the yacht club. and that Ar
pugg told Iiains 10 meet him an!
Saturday II the ysch; club.
He said that Thornton Hams hat
engaged man ~ build hose TO
him at Bsysids.
Mr.. Shay said thu, on the tay o
,bc killing o; Arnis the two brother