The evening world. [volume] (New York, N.Y.) 1887-1931, 1908-12-26

Joseph A. Shay arose to open for the
defense. Mr.. Shay, who is small man
with a small voice and a poor delivery,
stood facing the Jury with his manu-
script lying in front of him. He had
hardly got under way when up jumped
Mr. Darrin to object to Shay's attacks
upon tine prosecutions methods and
upon any reflections on the act of MEM
bers of the Bayside Yacht Club in hir-
ing a special prosecutor. The Judge
promptly sustained him, saying these
matters we're fit material for the sum-
ming up. Mr.. Shay got considerably
confused at being so suddenly and sum-
marily checked in his opening flight of
lame winged eloquence, but after a good
deal of sputtering and protesting. in
which Mr.. Mcintyre took hand. the
young lawyer was permitted to go
ahead He spoke as follows:
IT snail copfine myself wholly to
placing before you the facts of this
case At the outset let me say to you
kins Hams had no more to do with the
taking of the life of the deceased than
when WI lAi he LETT LETT his home e. on the fifteenth
day of August, 1905. he had no thought
of going to Bayside.
Never Saw Magazine Gun.
I'VE propose to show you that when
ceased was never in the mi nd of the de-
PENDANT We propose to show you that
this defendant had no idea that the de-
ceased would be found at that place.
We propose to show you that this de-
PENDANT had no knowledge that his
brother had in his possession on that
day pistol and cartridges and that he
the instant OF the shooting. ' " '''
I'VE propose to show you that IL the
meeting could have been prevented at
the time 1t was learned that Annis was
willed. We propose to show you that
this defendant was much horror stricken
and astounded at what took place as
We propose to show you that the broth
er, Capt. Peter c. Hams. was mentally
unbalanced. and we propose to show you
the causes which led to and created that
in 1886 Hams married most beautiful
Brooklyn woman His married life was
. marvel OF happiness. A little girl
baby, Mollie. came into their life, and,
the indirect cause Of the present predica-
ment of this unfortunate man, as we
will show.
formed, which in later life would render
her speech tnaudible. I am told that
the mother ip her bed was shown the
baby and the shock was so great that
her life ebbed away.
Both Father and Mother.
Little MolIie was motherless. The
double duty of both father and mother
devolved upon Thornton ]. Hams. and
he did his duty well, No such devotion
feathers love, wrapped up in CHILD,
.child's love and attachment wrapped
up In the father. Was II not to be ex-
pected that Thornton Hams should con-
slider the future of little Mollie? Could
=. he not see that in this world Of tempta =
ton and trouble his little daughter. be-
ing grown 20 womanhood. with her af-
Fiction would encounter the universities
of life? Thornton Hams determined
that he must have home for his baby,
30 that when he might be called before
HIS Maker she would be well provided
1.-THE home was always In his life, al
ways in his mind. always his first
thought. II was no wonder, then, that
home was the tonic Of his conversation
years OF age. Thornton Hams long
time ago began 10 seek a spot where
he could build home for his child.
"As you have heard, in the early part
of April this year. while riding on a
met a man whom he had known some
ten years ago Henry, l.. Jesperson.
al
goods business and had furnished and
supplied to the Government arms and
ammunition.
as TO what each was doing. and II APP
peared that Jesperson had engaged IN
the real estate business. having the
sale of property In the vicinities OF
gave HIS card 20 Hams. hut neglected
10 take his address. The defendant told
him that, he was in the market for lots
and would be GLAD to cali that very at
ternoon on Jesperson. The latter told
his business associate, Mr.. Bugg. OF his
meeting with Hams and his lucky find
Nos. y will further appear thai
would remain In. and when the latter
Nent out the former would remain In
About a week or 30 after the meeting
II will he shown that Burg WAS please
opportunity, called at his office. HI
asked Tor Jesperson and was referred Il
MIR. Bugg. They talked about the prop
In two lots which were part OF a plO
Immediately adjacent TO the Baysld'
Teller piece.
could not 20 lie, however did not be
lieNe that he woald Inconvenience Mr.
BuEx a. the latter told MIN that h
was a member ~ the Baysids NaCh
Club and was always there ON Satur
DAYS or SUNDAYS
On the Day OF the Killing
1t WAS not until May %. nearly Tvs,
months after~aId, when ls brother
Capt, Peter q HAlns returned Co Sew
Noik from the Phhippur Islands !
wAs duflug this period chat JespeTsoi
Nas stil lying 20 get the defendant q
80 90 bayside, and upon one OF 10
visits 10 TIE home OF the defendant IN
lstteI told Jesperson that yis bTothe
Sss IN great trouble aud lhAl he va