The Washington times., 1908-12-26
BATTLE FOR HAMS
BEGINS IN EARNEST
Real Fight for Freedom Starts When Prosecution
Ends Presentment of Case--Defense Is
Outlined by AccuSed's Attorney.
Continued from First Page1

Continued from First Page.)
hours and when it is over We viii de-
mand an adjournnent until Monday.
We Will can Thornton Hains as the
chief witness In his own defense early
IL the week and we hope 10 get our
case completed N about two days"
There is a possibility tOday that the
case may get TO the jury nest week
Closes His Case.
District Attorney Darrin closed his
case today against T. Jenkins Hams,
on trial as an ascomplice to his brother.
who shot WiUian-E. Annis at the Bay
Sidq Yacht Club on August Il.
To pick up ends Of the case not COW
cred entirely, The prosecutor called
three witnesses George Bolton a po-
liccman. testified how he had spent SIX
days IA a search for John Tonning. the
missing bOatman. without finding any
trace Of him.
The officer saw that the best informa-
ton he could get shows that Tonning
and his family had moved preparatory
to returning to Sweden.
Thornton Hams was early IN court
as has been hi- custom since the trial
started.
For the first time since the beginning
Of the case none Of the prisoners rela-
riVgS we're on hand when the SeSc on.
began The prisoner felt concerned Tor
his brother. the dapper little major WHO
has been his daily companion, and 0l-
rected his lawyers 10 make telephone
inquiry at the Hotel AsJor Manhattan,
10 learn his condition
Harway on Stand.
Louis Harway. sailing partner with
Auuis when the latter was killed, was
the second witness He gave testimony
IN regard to the measurements Of An
mis- boat. His examination was brief
and there was practically no cross-e2-
animation
Tie prosecution rests its case Oar
rim announced
Mcintyre then appealed 10 the court
90 direct the district attorney TO state
on which OF the three counts he elected
10 send The case 10 the jury.
I reuse TO direct him. ruled Justice
Crane.
Lawyer Young began reading a vol
luminous brief moving the dismissal %
! .Ee Indictment.
Il don't care for argument at this
I time interrupted Judge Crane Your
motions TO dismiss the Indictments and
| 20 direct the jury % acqUic the defend
ant are all deniei.' RULED the court
Opening Address
Attorney Joseph A. Snay then present
ed the opening address After paying
tribute 10 his belief 81 the integrity OF
the JUN, Shay said.
AS We have sat here day after cav
we have become more and more amazed.
horrid. and deeply =rieved at tie
thoughts that I'm this twentieth century,
the prosecuting attorney should earnest
ly- and sincerely ask a jury Of twelve
intelligent men 10 send 10 his death this
man ON such finlsy, biased. prejudiced
/ contradictory, and doubtful testimony
90 YOU have heard presented. lie asks
evidence that bears every SemhIauce OF
talsehoodS- invention, and lies"
Shay criticised Attorney White and
District Attorney DaTrin. and declared
there was uo warrant Of law Tor their
appearance IN the case.
Shay reviewed the rulings OF The
court. adverse TO the defense, iusistiD.
Z that this did not indicate any weakne,s.
IN the defense Of Thornton Hams. but
was due entirely 60 a strict interDreta-
ton OF the law He then said.
Nv propose 20 show you that when
Thornton Hams left his home on the
& fifteenth tay OF August. 1905 he had ur
thought of going TO Bayside and This
defendant had 10 more idea that the
deceased would be found at that place
than that he would find there his own de
ceased wife gone four years before. We
viii show ue had no knowledge his
Z brother had "a revolver and cartridges
and that he never saw that revolver uu-
Ill the instant Of the shooting He tried
to prevent the killing and was as much
horror-stricken and astounded al what
look place as were any OF the people
upon the float on the day in question
I The brother. Capt Peter 4. Hams, who
{ accompanied this defendant on that
f1rr Ia "a
and we propose 10 show YOU the causes
which led 10 and created that condition
of mind
Hams Lineage.
Shay then dwelt at length on the lin
| cage OF Thornton Hams. citing his
/ fathers. General Hams, worthy and
! long career as A soldier for his country
and the fact that his mother was Ad
miral Jenkins daughter.
You find his ancestors fighting ir
| the war Of 1872, battling in the Mexican
| war, in the civil war, and the SPANS
war" said he. ''aud this is the name
( the prosecution asks you TO defame-"
Thornton Hams devotion 20 his little
lame girl was pictured in moving terms.
and she was declared to be the innO-
cent cause Of the tragedy, as his de-
sire 10 get a country home for her
caused him to begin negotiations with
Z
water
shay declared that the Douglass
manor property, which JeSperSOn OWL
ed, being unsatisfactory, the %atter' S
partner, Bugge, tried 10 sell the de
/ fendant two lots adjoining the Bay
side Yacht Club Rugge told Hams
I he could be found at the Bay
side Yacht Club any Saturday 1T
Sunday. and this was why the psIr
, went there on the day of the tragedy.
''At the time these negotiations were
{ established declared Shay, Captain
Hams was in the Philippines and had
no thought OF the part he was TO play
In the case. However. the captain S
trouble. cropping up later, made Thorn
ton HainS an unwilling participant in
the scene that resulted in lis presence
! here today"
Two return tickets were purchased
! by Thornton. and 1850 found them at the
| station at BaySide
Mental Condition.
Shay took up Captain Hams mental
! condition. referring 10 his marriage, his
| love for his wife and children. and his
| being ordered TO the Philippines. He
| said
1T does seem strange how soon one
can be forgotten by a faithless wife