The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-29
Counsel Try TO Show That
Thornton Is Not Principal
With His Brother
DID NOT GO TO BAYSIDE
FOR PURPOSE OF MURDER
Charles r. Weaver and John Tlerney
Prove To Be Good Witnesses for
Defendant in Trial at Flush
ing-Material Testimony.

ing-Material Testimony.
Flushing. n. Y. December 2S-The de-
fense in the evidence developed in the
trial today of Thornton J. Hains scored
two points which the defendants coun-
sci assert disproves the charge that the
author was a principal with his brother.
Capt. Peter c. Hams, Jr, in the killing
of William e. Annis of the Bayside Yacht
club, in Little Neck bay.
An exhausting cross-examination of the
two witnesses for the defense left the
main points of their testimony unshaken
and Thornton Hams returned to Long
Island jail tonight declaring that the
evidence proved his innocence.
Testimony that Thornton Hams did not
go to Bayside to kill Anns, but to LOOK
at property, was testified to by Charles
R. Weaver, sales agent for the Hams
Concrete Mixer company, who further
declared that it was at his insistent in
vitation that the Hams brothers. on Au-
gust 10, postponed a trip to Sandy Hook
tate there. Weaver almost sobbed on
the stand when he said that he felt re-
sponsible for sending the Hams brothers
on the journey that ended In the death
of Annis. The. mental condition of Cap
tain Hams, previous TO the shooting.
was testified to by Mr. Weaver, who as
serted that from the actions of the army
captain he believed him to be Irrational
The second material point brought out
by the defense today was drawn from
John Tierney, a garbage collector, who
said he was an eye witness to the trag-
edy. Tierney declared that Captain
Hams had ceased firing before his
brother ran down to the float and the
defendant did not draw his revolver un-
til Charles Roberts, club member ad-
vanced toward Captain Hams with the
captains revolver in his hand. Tierney
said that Thornton Hams did not point
his revolver at any one on the float,
but called for an officer to arrest his
brother. He did not see Mrs. Annis on
the float. A severe cross s-examinaton did
not make Tierney waver in the essentials
of his direct testimony.
Building of Defense.
The building up of the defense of
Thornton j. Hams to disprove the charge
that he was a principal with his brother.
Capt. Peter C. Hains, Jr., in the kill
ing of William E. Annis last August at
Bayside, was taken up in earnest today
before Justice Crane in the supreme
court Counsel for Hams has nearly a
score of witnesses under subpoena, but
wehther they Will all be called is prob
lematical.
The defense is said to have under SUBJ
poena two eye-witnesses of the killing,
who were not called by the state Tho
testimony, it is said, will tend to show
that Thornton Hams actions when An
mis- was shot were in defense of his
brother. Thornton Hains will he the star
witness in his own defense. He probably
will not be called up until near the last
Hams story will follow the skeleton out
lines of the defense's opening. Hams
Will likely be on the witness
stand an entire day. c. Raymond weav-
erka. builder, will testify that 1t was at
HIS invitation that the Hams brothers
Mre. ePter c. Hams. parents of the de-
fendant, will likely be summoned to give
testimony concerning the mental condi-
ton of Capt. Peter C. Hams.
The trial probably will not be concluded
for ten days. as Special Prosecutor White
has indicated that the state cross-exami-
nation of witnesses will be complete and
exhaustive.
John F. Mcintyre. counsel for Thornton
Hams and Capt Peter c. Hams, said that
the mental condition of Capt. Peter C.
Hams, Jr., was very alarming.
Mental Prospects.
81 can see no improvement OF Captain
Hams mental prospects" said Mr. Nc
Intyre. His condition is truly alarming,
and I fear fatal termination OF his
trouble. The captain puts on his army
uniform three or four times a day, and.
imagining himself at Fort Hamilton, gives
orders to an imaginary company OF SOL
diers. He recites his story and sings
airs from the opera during the day. I
am extremely apprehenslve over the out
come. The treatment now being given
him may be effective in time, but doubt
It."
was called to the stand when court opened
today. He told of his interview with Mar
tin Skura, the Bayside cab man who
drove the TIains brothers to the yacht
club Shay said that he told him kl the
presence of Mr.. Young, associate counsel
for the defendant that the name of Annis
was never mentioned during the trip
to the yacht club and that no one asked
him to follow close behind the stage in
which Mrs. Annis was driving.
During the examination of the Witnesses
Dr. Austin Flint, the alenist, came into
court and sat near Thornton Hams. DR..
Flint has been retained by the prosecu-
ton.
Mr.. Shay said that neither he nor Mr..
Young represented themselves to Skura
as newspaper men. The witness further
declared that he was near Thornton Hams
the night of the coroner's inquest and
that the defendant had no conversation
with Policeman Fallon, who testified that
Hams said to him that he wished he
could go down in hell and get AnnIs
and kill him again"
ross-Examination.