Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-08-23
Not to Begin Before Middle of
November.
DEFENSE Is DECIDED UPON
To Be Based on Confession by Wife
of Wrongdoing.
ANNOUNCEMENT BY COUNSEL
Release on Bail Not to Be Asked For.
District Attorney Worried
About Expenses.

NEW YORK. August 22.-John f. Nc
Intyre of counsel for Peter c. Hams. jr.,
who shot and killed William f. Annis.
stated today that Hams defense will be
based upon the confession which Mrs.
Hams is alleged to have made to her
husband.
This document which Mrs. Hams says
her husband forced her to sign. is de-
cIared by Hams counsel to have af-
fected Hams mind that he was not re-
sponsible for his subsequent actions.
Mcintyre said he had no doubt of his
ability to get the statement before a
jury and it would not be made public
until then.
A conference of the Hams brothers
counsel was held today to decide upon
the conduct of the case.
Trial Not Until November.
All hope of bringing the Hams brothers
to a speedy trial has been given up by
District Attorney Derrin of Queen S
county. Mcintyre. declaring he was MAX
ing the announcement with the concur
renee of Darrin, said the trial will not
begin before the middle of November.
No attempt will be made for release on
bail in the meanwhile, nor will the Hams
brothers ask for change of venue at
the hearing next Thursday. They will
not waive examination when rearra1gned
Counsel for the accused brothers are
not in mood to make Overtures to Mrs.
Hams i'm order to obtain her assistance
at the trial. They hold that if called
upon she will be compelled to repeat in
court what she has said in this alleged
confession.
There is no doubt that demand will
be made Monday that Thornton Hams
be discharged from custody on the ground
that he was not the man who did the
shooting. There is little prospect that
Thornton Hams will be admitted to bail.
Battle of Alienists.
AS the case looks now there will be an
other battle of alienists such as there
was in the Thaw case, and more will be
heard about "brainstorms.
This possibility has scared District At
torney Darrin, who says he has no money
with which to Offset the testimony OF
medical experts by calling others. Con-
trolIer Metz has told him that he has no
money to give him just now, but that he
may go ahead and incur whatever eX-
penses are necessary up to $4,000.
Darrin has been spending much of ms
time examining witnesses at the Bayside
Yacht Club and getting their stories into
affidavit FORM His attention has been
devoted chiefly to obtaining testimony 10
refute the statement of attorneys Tor the
defense that the brothers did not go to
tine yacht club to look for Annis, but had
another object in view. Frank Ellison
a waiter in the club house. has told the
district attorney that the Hainses f1rst ap-
nroached him and asked if Annis was
at the club.
DR.. Charles n. Platt, physician attach
ed to the Queens county Jail. is not OF
the same opinion as the lawyers Tor the
defense as to the mental condition OF
Can't. Hams There is nothing wrong
with the prisoners appetite. he says. and
he sleeps well. DR.. Platt thinks his de-
preston is simply due to the fact that
the captain realizes the seriousness OF his
predicament