The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-12-28
HAMS
SCORES
GREAT
VICTORY

Flushing, Dec 2s In the course Of
argument IN the opening OF the defens,
q Thornton J Hains. c1arged viii
being a principal in the murder OF
William Annis. Justice zane made
ruling which becomes the greatest vit
tory yet scored by the defense.
After almost crushing the prisone
and his friends with declaration the
he would aot hear q word as to tn
guilt or innocence OF Annis and Mr.
Claudia Hams, he showed three way
in which the defense could get
every word OF the scandal. Way No.
was to show that Captain Hams mel
toned the belief that Annis haa RUNE
his home and connecting lhoTntci
Hains as the custodian OF his brothe
an insane mar. Did tn rnton haih
hear from any one that Annis ha,
ruined his brotners wife was W.,
number two.
The third manner OF getting into tf'
scandal the great life preserver 4
Thornton Hains-w was the introducti
OF evidence that ThOnton Halns b
lieved his brothers home was RUNE
bv Annis and that the brother was l..
sane as result.
II was q novel invasion OF the u
written law. i was n complete sni
urise TO the state. This decision W
followed by the positive statement IN
when Captain Hains goes on trial D.
insenity viii be admitted by the d
tense and the best expert witness'
eil be called to prove the admissi H.
The opening for the defense wa
punctuated by the objections fran III
prosecuting attorney. In nearly every
instance these were Overruled D}
Judge Crane and only served to ae-
cent the points which Shay was trying
to get before the jury
Prosecutor Darrin objected even TO
a brief description OF General Hains
the prisoner father and any thing
about the mothers ancestors. lie OBJ
iected at fiH irst mention OF holly'
the ddfendaaf 1-year-old daughter.
when IL came to the mention OF
Claudia Hains. the wife OF Captain
claims aud then Annis, MIR. Darrin
made every effort to keep out the scan
sal talk Finally Mcintyre, angered
ct the sepeeted Interruptions snapped
back
us the district attorney afraid TO
have the truta brought to light 10 this
case?"
II will always allow the defendant
latitude In his opening, y interrupted
Judge Crane.
The defense was about 70 suffer a
stasgering Blow when MIR. shay reaeh
Ell that point )f his statement In whleh
ne began 70 Tell OF Annis' alleged ms
conduei With Mrs. Hams. Mr.. Darrit
came along wiih one OF his usual %
iectiuns.
Il SO rule decreed Judge Crane
oBut did not the letter offered C.!
the dis rics attorney open the gates
Tor ali this scandal?" Attorney shey
asked.
Ut did ~, said Judge Crane.
Don't We have & chance to pr We
that this was rue. the statements II
the letter. returned Shay.
II have seen where this was tendinf
and will nov rule on that point,
said Judge Crane. You can prove
nothing that Annls did With MIS-
Halns as matter OF fact
"A looked as II the defense's nne
structure was suddenly undermined.
Judge Crane, howeyeR was not yet
through.
II repeat ! viii Mt allow evidence
OF Annis' alleged wrongdOing as an IN
dependent fact. You can not prove u
as fact, but you can bring It IN II
II has a bearing on mental compe
tency of another person than the de
fendant on the principal or as
whether the defendant heard or De
lleyed IL.
II developed that the mysterious VII
ness on which Thornton Hams defense
Is based Is C. Raymond Weaver, an
agent for the Hains concrete miNel
and concrete constructor. He Will be
willing witness and seems l. be able
10 tell a Straightforward story OF MS
rreetng with the Hains brothers or
the day OF the tragedy and his iina
refusal 70 go with them to Bayside an'
look az the property,
Nothing can prevent the aequiua
OF Thornton Hams after Judge Crane
ruling" said John +. Mcintyre. al
OF the sad history OF the actions o
Annis and Mrs. Claudia Hains mus
now 70 before the jury IN just as grcal
detail as We think Is necessary. Lei
me assure the public that We are no
going 10 throw mud AZ the United
States army Il Is not case In which
the Army is ncerned.'
II is now definitely settled lhai boti
General Halns and his wife viii take
the stand la defense OF Thornton
Hains.