The evening world., 1908-12-25
HAMS DEFENSE
/. BUILT ON STATES
OWN WEAK CASE
Prosecution Observation-Disclosures
rim Called Star Witness
for Prisoner.
BACKS HAlNS'S STORY.
Defense Opens Tomorrow
After Formal Motion TO Dis
charge Defendant.
BACKS HAlNS'S STORY.

With the prosecutors case already
-iddled through the unprecedented ar.
ton Of District-Attorney narrin. who.
for some reason known only TO him.
self. called the chief witness for the
defense. Henry L. Jesperson. az Wit
ness for the state in the trial of Thorn
ton Jenkins Hams for comp icity in the
killing OF William F.. Annis. John F.
Mcintyre. chief of counsel for Hams
began to-day to arrange his defense
testimony, which will begin before LUIS
tice Crane in the Flushing court TO-
morrow.
Prosecutor Darrin will cal a police
man tomorrow, and will probably ask
Skura. the thick-skulled hackmsn. 10
take the stand again The chances are
that after all Skuras changing stories
the testimony VII be thrown out Of
court
Mr.. Mcintyre had expected to make
Iesperson, the real estate man, his
star witness and when Darrin sud-
denly called him to the stand the law
yers for the defense and the Court
were almost stunned with surprise.
Jesperson told exactly what he was
expected to tel, by Mr. Mcintyre. and
In every way bore out the plea that
Thornton Hams and his brother, Capt.
Peter Hams jr., went to the Bavside
Yacht Club on Aug. IL last to make
real estate purchase through Jesper-
son.
Up to the calling of Jesperson, or at
least since Mrs. Helene Ann!s widow Of
the victim. testified on Monday, the
prosecution has been having its own
way. II had nailed down and clinched
the case against Thornton Hams. Wit
nesses had sworn that Thornton Hams
was the master mind. that he had taken
Capt Hams to the yacht club, and that
he held back the crowd with his own
revolver while his brother was pump
ing bullets into Annis's body.
Relieves Capt. Halns.
Things were looking dark for Thorn.
ton Hams. 1t had been suggested even
that Capt. Hams, whose plea will be in
sanity brought on by the revelations Of
his wife's alleged relations with Anujs
should be a witness for Thornton Hams
This would have destroyed the INSANITY
plea OF Peter c. Hams ir. when he is
called to trial in January. Had he testi.
fed for Thornton he would have offered
himself as a sacrifice, as his only plea
could then have been the sudden brain
storm" or the "unwritten" law"
The action of Darrin, however, will
make it unnecessary to call Capt Hams
Tomorrow. after the policeman testifies
and further testimony is heard from
Skura. Mr.. Mcintyre will make a motion
to strike ont the testimony OF the hack
man. II this testimony Is struck out II
IL probable that charge of perjury
will be made against Skura and an
effort made to learn the identity OF
the man or men who coached him n his
various tales TO the court.
When the prosecutions case is In
Lawyer Shay. one OF the associate
counsel for the defense. will ask that
the case against his client he dismissed
on the grounds Of insufficient evidence
He will touch upon The testimony OF the
witnesses who have sworn that Thorn
ton Hams not only had no part In lae
killing, but actually tried 10 prevent IL,
Mr.. shay will deal mostly with tho
testimony OF Jesperson,
If the court refuses To dismiss the
,rontinued On Sacond Page