The evening world. [volume] (New York, N.Y.) 1887-1931, 1908-12-26
On the Yacht Float.
DARN Called TO the Stand as
First Witness for the Defense

First Witt
Mr.. Mcintyre sent a shock through
the crowd by calling as his first witt
ness Ira G. Darrin, the District-At-
Did the people Of this county elect
you 10 act as their District Attorney
began Mr.. Mcintyre. TIM not so
sure" was Darrin's astonishing answer
He means YES put r in Justice Idc b crane
Did you take the oath OF office?"
went on Mcintyre. Il SO understood"
said Mr.. Darrin.
Again ! will state that the answer Is
yes" said Justice Crane.
Did YOU cause an Indictment to be
returned against this defendant,
This was ruled out on an ob!ection
as were questions regarding the terms
of the employment OF Mr.. White and
James B. Dayton, who is also aiding in
the prosecution.
why Darrin hadn't brought Peter Hams
to trial. but this question was likewise
ruled out. Mr.. Darrin left the stand af-
ter saying that he believed Mr.. White
came into the case IN August, but
wasn't sure.
Next Mcintyre brought forward one
OF his associates. Eugene n. l.. Young.
formerly Assistant District, Attorney
phatically that Policeman Eugene Fal
Ion, a plain clothes man attached to the
Long Island City Detective Bureau, had
any conversation with Thornton Hams
went on to say this Il heard YOU. Mr..
Mcintyre warn Thornton to talk to no
one at all. He did not talk to Fallon
at any time and Failon did not talk to
him, although Fallon drew near the
bench where the prisoner sat
After several women spectators had
been given an opportunity TO leave the
room. Mr.. Mcintyre put this question:
Did Fallon say TO the defendant at
the inquest. They amt got nothing on
your" No"
contradiets Policeman.
Did he say to Fallon. I would go
down to hell and bring the dirty -
back and kill him all over again If
He did not. Nothing of that sort was
All this was in direct contradiction of
Fallon's testimony. Having settled this
point Mr.. Mcintyre directed Mr.. foung's
attention to the ST. ement which Young
and Shay got on Sept. from Martin
Skura, the cab driver, of Bays!de. and
in which skura told the opposite of
practically all that he subsequently
Mr.. Young insisted that he told Skura
he was a notary public and swore Skura
according to the prescribed form. He
said that he told Skura that he and
Shay were lawyers for Hams. In his
evidence before the jury skura declared
that he thought the two lawyers were
newspaper reporters trying to interview
him, and that he lied to them because
he had in mind Mr, Darrin,s warning
not To talk about the case. Mr.. White,
who made the objections for the State,
showed promptness and aggressive
ness that came agreeably after Mr. Oar
rims uncertain and hesitat!ng tactics.
Mr.. Young went on to say that he and
Shay talked with Skura Sept 3 in an
ice cream parlor at Baysde after they
ascertained that Skura was the boy who
drove the Hams brothers from the sta
ton TO the Bayside Yacht Club on
Aug. IL. Then he repeated Skuras al
legged story practically as II appeared in
the affidavit dated Sept. 3.
Also Denies Skura's Story.
Young added this: "skura told us that
Capt. Peter Hams seemed to be in a
eyes were dull and glazed, and that
several times before they left the sta
ton for the club in Skura's cab Thorn
ton Hams spoke TO CAPT ,r Hams ms Without
on the way over no mention was made
OF Annis by either of the defendants,
that they talked only about real estate;
that neither OF them said. We've got
him now when the stage containing
Mrs. Annis passed them, and that he
was not directed TO drive up close he
hind the stage as IT neared the club,
We never told him we were reporters
or anything of the sort"
All this was in contradiction OF what
Skura swore on the stand, and in sup
port Of what he swore to in the affidavit
some months earlier.
Lesson In PoIiteness.
When Mr., White. who is not person
ally friendly with Mr.. Mcintyre, began
the cross-examination, there was a
it would be better for Mr.. White 10 re-
fer TO his opponent as Mr.. Mcintyre"
instead of calling him Just plain Nc.
tntyre," Mr., White said Mr.. Mcintyre
Il have not and I Will not" said Nc
= - ~ ,, yssi yogc will" said said Justice
Mir; White wanted to Know more
about Fallons part in the inquest we
were standing some distance from our
clients explained explained Mr. rrr Young when
BROTHERS, from behind the jury. box.
called the. attention OF Nj. Mcintyre
and MI Shay 10 this and we turned
through Re gate. reaching Thornton
there, II not sooner Not a word was
exchanged between Hams and Fallon."
Way did You suspect Fallon's pur-
poser In my experience as Assistant
District ATTORNEY I learned that police
men doing 0laiI clothes duty were very
prom" To swear 10 alleged statements
which they claimed 10 have, secured
from persons under arrest and, know
ing Fallon proposed to take no
chances 20
Mir. Mcintyre was preparing TO put
his Other aide, Mr.. shay, on the stand
10 sutstantiate what Young had said
when the Court announced tina; he
would adjourn over until Monday.
Thornton Hains's. father accompanied
him az he was taken, handCuffed, back
70 the Long i4land city jail
States Last Witness.
Darrin didn't waste much time before
Lee closed Tor the STATE He called
i-IrRe u ton, q patroluau detailed 90
..r blstricr-A Hrney Uffcc In Long
sand 'iH. "I said merely that IN
uaG gone 10 Elf|HIs addresses IN Brook
.,u .His nulIr booking Tor lpUn Tom
mig. the oH4'Wau, who has been Lao
r,l,i the mtss..z witness. tie said hs
hadn't neeU able 20 locate ronung and
was finally told tlat the man had gone