The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-28
HAMS DEFENSE.
Lit Begins in Earnest in the
Court at Flushing.
Defendant Is to Be the Star
Witness in the Case.
TWO EYE WITNESSES
TWO EYE WITNESSES
Not Called by the State Will
Give Their Testimony.
Captain Hams Mental Condition
Said to Be Serious.

Flushing. N. Y, Dec. 2s-The
building up of the defense of Thorn
ton ]. Hains to disprove the charge
that he was principal with his
| brother, Captain Peter c. Hams. ir..
in the killing of William E. Annis last
| August 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 whether they will all be called is
problematical. The defense is said
to have under subpoena two eye wit
nesses to the killing who were not
| called by the state. Their testimony.
| II is said, will tend to show that
Thornton Hains's actions, when Annis
was shot, were in defense of his
brother. Thornton Hams will be the
star witness in his own defense. He
probably will not be called until near
the last Hains's story will follow the
skeleton outline of the defense's OPEN
ing. Hams will likely be on the wit
ness stand an entire day.
G. Raymond Weaver. will testify
that 1t was at his invitation that the
Rams brothers went to Bayside on
August 15. General and Mrs Peter
,i =; Hams, parents of the defendant.
VIII likely be summoned to give testi-
mony concerning the mental condition
of Captain Peter c. Hams. jr.
The trial probably will not be con-
cutor White has indicated that the
states cross examination of witnesses
will be complete and exhaustive
John. F. Mcintyre, counsel for Thorn
ton Hams and Captain Peter G.. Hains
said that the mental condition of Cap
tain Peter G. Hams, jr.. was very
alarming.
Il can see no Improvement in Cap
fsli H1iT T7cSs1 faI
Mcintyre. His condition is truly alarm
ing and 1 fear a fatal termination of
his trouble. The captain puts on his
army uniform three or four times a
day and lmaging himself at FIT. Hamil-
ton, give orders to an imaginary COM
pany of soldiers. He recites poetry and
sings airs from the opera during the
day. I am extremely apprehensive over
the outcome. The treatment now being
given him may be effective in time, but
I doubt it." ..
Hains' Lawyer on Stand.
Joseph A. Shay of counsel for
Hains was called to the stand when
court opened today. He told of his
side cabman, who drove the Hams
brothers to the yacht club. Shay said
that Skura told him in 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 riding. !
During the examination of the wit
ness DIR. Austin Flint the alienist |
came into court and sat near Thorn !
ton Hams DR.. Flint had been re-
tanned by the prosecution. Mr.. Shay ,
said that neither he nor Mr.. Young !
represented themselves to Skura as
newspaper men. The witness further /
declared that he was not near Thorn
ton Hams the night of the corOner's |
IL L. I
no conversation with Policeman Fal- /
Ion, who testified that Hams said to
him that he wished he could go
down ito hell and get Annis and kill
him again"
On cross examination Mr.. Shay
said he did not ask Skura if the name
of Jesperson was mentioned by the
Hains brothers.
John F. Mcintyre, chief of Hams
counsel, was sworn and related the
incident during which Policeman Fal-
lon said he heard the defendant make
a statement regarding Annis. Mr..
Mcintyre said that he saw Fallon go
ing toward Thornton Hams and that
he instructed his client not to talk.
The witness said that Thornton Hams
made no statement to Fallon in his
presence. Only a few questions were
put to Hains's chief counsel on
examination.
Leo Bugg, a real estate dealer, was
the next witness.
Mr.. Bugg said he had been associated
with Mr.. Jesperson in real estate and |
that last April he had property for
sale near the Bayside Yacht club
Sometime in April I saw the de-
said Mr.. Bugg. land we
talked about Bayside property. I
showed him the maps of property near
the yacht club. The property did not
interest him and / showed him other
at Bayside and we arranged
TO go down and see the land on the
following Saturday
Appointment Was Not Kept.
Mr.. Bugg, on cross examination,
said the appointment was never kept
and he never saw the defendant after
A ApriI. The date of the appointment
April or the first week in May. said
Mr.. Bugg, who further declared that
he never told the defendant that he
could find Mr.. Jesperson at the yacht
club at any time.
Walter Stafford who said he is a de-
ective and investigator for railroads,
testified that Skura early this month
old him Policeman Fallon and a man
from the district attorneys office
wanted him to say he had heard one
If the Hams brothers say;
"Now We've got him."
Skura added that he wanted him to
7ay that Thornton Hains asked for
Annis, but he would not do it because
he did not want to get into trouble.
stafford said he asked the cabman to
sign statement, which he wrote
1own of what he said and that Skura
'eplied: mo, I don't want to get into
rouble 1 might get arrested for per-
ury.'' II
did he use the word perjury ?"
asked Justice Crane.
Yes" said Stafford
Stafford said he was unable to get
sIxI1ra to sign the statement and that l.