Daily press. [volume] (Newport News, Va.) 1896-current, 1908-12-29
Hampton, Phoebus and Old Point
TWO POINTS SCORED
BY HAMS DEFENSE
CONTINUED from First Page.)

/ StouC Stlo thoN sn~'S w.
two questions involved. one OF Law
and one of evidence. He ruled thai
as question 0. law the defendant
could not hide behind the acts of an
insane man. and that II he aided the
insane man to commit the shooting
! the defendant was just as guilty as
IL he had done the shooting.
Ruling Favors Defense.
As a question of evidence Justice
Crane held that the matter of Cap
tain Hams sanity was admissible as
/ bearing on the attitude OF his bro
Their at the time Of the shooting.
The evidence being admitted Mr..
Weaver continued his testimony.
Mr.. Weaver said Captain Hams and
his wife were very afrectionate before
the departure Of the. captain for the
Philippines. Then Captain Hams
showed no irrational signs. said the
witness.
What was said by Captain Hams
when you saw him in August at
ThCrnton's house"
He said his wife had been a good
woman. but Annis had betrayed her"
What was his appearance?'
He looked wretchei. as II he had
gone to pieces. He looked down at
the floor and twisted his hair Some
times he arose and whistled and sang.
then sat down again and became
silent It's hard thing to describe.
but it was al, unnatural
Mr.. Weaver said ne took Captain
Hams TO Boston for a trip for his
health. All during the trip. the wit
ness said. Captain Hams paid no at
tention to what was going on.
Recess was then taken.
Before court convened for the af-
ternoon session. Mrs. General Hams.
accompanied by her husband and her
son, Major John Hams, entered the
court room.
Thornton Hams arose and went to
meet his mother as she entered the
enclosure where counsel were seated.
The defendant took his mother by
the hand and talked to her a few
moments while she wept softly.
Mrs Hams then went to the far
side OF the trial chamber. where she
sat with Major Hams.
Thornton kept his eyes on his mo-
Their for some time after she had
taken her seat. 1t was the first
time Mrs. Hams had seen her son
in court.
Mr.. Weaver, resuming the stand
said that after their business in Bos-
ton he and Captain Hams went back
to the train.
Captain Acted Strangely.
He still continued to pull his hair.
witch his mouth and whisper said
the witness. "On the train his &C
lions continued and the captain said:
My God, Weaver. my home is all
gone"
Returning TO New York. Mr.. Wea-
yer said he took Captain Hams to
Thornton Hams home in Brooklyn.
Captain Hams frequently said
It's too bad, Weaver; it's too bad.
This trip was about August l."
From your observations Of his con-
duct during that trip. how would you
characterize his conduct"
Irrational
Mr. Weaver described the appear
ance Of Captain Hams on August Is
saying his eyes were starting and
CLASSY and that his face twitched
His appearance was worse than when
he returned from the Philippines
said Mr.. Weaver.
Mr.. White cross examined Wes'
YER who said he had been identified
! with Hams concrete concern fOr
four years.
General Hams was president Of the
company. he said.
Defendant Led slayer Away.
James Tirney said he went to tie
Bayside Club on August Is.
Il saw the boat coming in and saw
Captain Hams 60 toward the boat.
!! said Tirney. He stopped down and
grabbed the boom and commenced
shooting. The shots were all hred
in a jiffy After the shooting ! saw
Big John" grab the captain and
shake him. didn't know whether
he Knocked the gun from the cap
ta!n's hand or not. saw MI.
Roberts 60 and get the gun. saw
the defendant run down the runway
after the shooting and lead the esp
tain away. The defendant did not
draw his gua until Roberts came over
to the captain. Thornton Hams
said: This is my brother. III take
care q him &c; q policeman.
Didn't See Mrs. Annis.
Did the defendant point his revol-
yer n; anyone on the Goat1'