Daily Kennebec journal., 1908-12-29

showed him the maps of the property
near The Yacht Club. The property did
not interest him and l showed him
some other property at Bayside and we
arranged to go down ana see the land
on the following Saturday"
Mr.. White conducted Mr. Bugg's
cross-examination.
Mr.. Rugg said the appointment was
never kept and he never saw the de-
fenoant after that date in April All
the property at Bayside was near the
Yacht Club. Most of it was sold before
Aug. X. Mr.. Bugg said he told Mr..
Hairs that either he or Mr. Jesperson
would meet him at Bayside. The date
Of the appointment in Bayside was
either the last week in April or the first
week in May, said Mr.. Rugg, who fur
ther declared that he never told the de-
fendant that he could find Mr. Jesper-
sen at the Yacht Club at any time.
Waiter Stafford, a detective, who fol-
lowed Mr.. Hugg, told of a talk With
Skura early this morning.
Did lie say to you that Mr. Fai-
Ion and Mr. White wanted him to say
that one of the Hams brothers said:
Now we have got him.
"Well l won't say he said Mr..
White He said Mr. Fallon and a man
from the district attorneys Office
Tanted him to say it,
Stafford who said he was an investi-
yator for railroads, said he asked the
10Y cabman to sign a statement which
he wrote down of what he said and
that Skura replied: mo, I don't want
q get into trouble. I might get arrest
ed for perjury"
Mr.. Stafford said he was unable to
ret Skura to sign the statement and
"And you say you have been an in
vestigator for 10 years?" asked Justice
Crane. "Yes."
"That's ALL said Prosecutor White
Louis Goldstein, another detective,
next took the stand. Mr.. Goldstein tes-
tified that Frank Ellerson, the negro
waiter at the Bayside Club. told him
that he saw the Hams brothers at the
club house on Aug. Is, but that they
lid not ask for Annis.
On cross examination Mr.. White
asked Mr.. Goldstein if he had interrO-
gated Captain Clark and he replied
hat he had not.
Didn't you offer Clark money tc go
South?"
objection to the question was sus-
aimed
Mr.. Goldstein said he talked to
Iessrs. Andrews, Roberts and Funke
bout the case, but they would not tell
i'm anything about it. Godstein was
sked to produce the paper which he
ad prepared Of Mr.. ElIerson's state
clent and he said he would telephone
is Office. He was excused.
Charles r. Weaver, general sales
gent of the Hams Concrete Mixer
e., was the next witness. He
aid he knew both the defendant ana
is brother, Captain Hains, and also
new their wives. Witness said he was
II New York on Aug. Is attending to
ONE concrete business. Concluding his
work he went to the Brooklyn bridge to
&c some concrete work there. On his
vay he met Thornton Hams and Capt
3ains coming down the bridge steps.
Witness said that Thornton proposed a
rip in the launch, but he did not want
C go as the boat was small They
wanted him to go to Fort Hancock in
/ steamboat and there take the launch
Ir Weaver said:
II asked him why he did not go to
some other place. / said: why don't
YOU go and look up the property or:
Long Island?' ...
Then the three went up to lunch. On
he way CAPT. Hams became lost and
Thornton went back and found him.
Witness said he told Thornton to
.et q place near the water front so he
.ould get gravel and sand for concrete.
During lunch at hotel Capt. Hams
at in the hail. Mr.. Weaver said he
new nothing of the Bayside property,
nut simply wanted Thornton Hams to
'ook it over At the ferry house Mr..
Weaver said he found he would be un-
able to go. They went through the fer
ry gates and that was the last he saw
f him.
= do you call the time when Captain
'Iains was in the Philippine Islands? p
Eyes, he started for there in the fall
of 1907. saw him for the first time on
his return in Thornton's house about
Aug. 1. l was with him all the after
noon and evening"
MIR. Weaver described Capt. Hams
personal appearance
Prosecutor White objected to any
conve ersations that the witness had
with Captain Hams. Mr.. Mcintyre in
formed Justice Crane that he desired
to incorporate in hypothetical ques-
ton to he put to the experts certain
conditions testified to by the witness,
Mr. White declared that the question
of Cant. Hams sanity was irrevelant.
Justice Crane said that there were two
questions involved, one of law and one
Of evidence He ruled that as ques-
tion of 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 if he had done
the shooting. AS question of evidence,
Justice Crane held that the matter OF
CAPTAIN Hams sanity was admissible
as bearing on the attitude of his broth