The Washington times., 1908-12-25
One More Deponent for
Prosecution and Defense
Will Open Tomorrow.
STATE SPRINGS
BIG SURPRISE
AStOniSheS Court and Attorneys BY
Calling to Stand Star Wit
ness of Other Side.

Flu SHlNG, l. /, Dec 20--T- Jenkins
Hams Will probably know his fate by
New Year Day. When court convenes
tomorrow morning one more witness
viii be heard in the attempt of the
State to prove the defendant guilty OF
the murder Of William E. Annis.
Associate Counsel Shay will make the
opening statement for the defense. He
viii claim that Thornton Hams had no
knowledge Of an attempt to be made by
Captain Hams on the life OF Annis:
that he only drew his revolver when
attempt was made to mob the slayer
OF Annis. and that no criminal liability
lies against him for his part in the
tragedy.
To prove their contention the defense
Will summon a large array Of witnesses.
The general impression of men who
have watched the trial closely is that
the State has failed to prove its case
by its own witnesses. and that the worst
the defense may expect Will be a dis
agreement.
District Attorney Darrin sprung one
big surprise on the defense. Before
the astonished eyes of the prisoners
counsel he brought on Henry L. Jesper-
son, a real estate agent. whom the de-
fense intended 10 call as its star wit
ness.
1t put the prisoners counsel in rare
good humOr an1 sent Thornton Jenkins
Hams back to his cell in the county
Jail at Long Island City with a light
heart, apparently.
What Defense Expected
john + Mcintyre, the defendants
chief counsel, had all along declared
and so loud that District Attorney Oar
rin could hear him-that he would call
Jesperson and have him tell the jury
that Thornton Eains had been talking
about real estate at Bayside. in the
vicinity of the Bayside Yacht CluD.
That would explain why HainSt was at
Eayside on the day of the tragedy.
Jesperson told everything the defense
had expected him TO tell only a little
ahead OF time.
The witness told OF Thornton Hains
having several conversations with him
about buying Bayside property, long
before the murder and even before
Captain Hams was told Of his wife's
alleged relations with Anuis. There
could be no tenable argument that
Thornton Hams was at that time dis
cussing Bayslde property simply as a
means Of building up n defense after
AnnIS' murder.
Judge Is Surprised
Justice Crane looked with evident
amaZement upon Mr.. Darrin as the dis
trict attorney drew out the evidence
SO important TO the defense. He tried
to stop Darrin, told him the testimony
was out Of place, hinted that the wit
ness was palpably one for the defense
But Darrin implored the court to in
dulSe him. he knew what he was doing
and hated 70 be interrupted.
me Judge sat frOwning at Mr. Dar-
rln While the district attorney let Jes-
person say that Thornton Hams told
him he must watch his brother because
the army man was upset by his divorce
worries. This is precisely what the de-
,,ense was anxious 10 have the jury be-
HeVe-that Thornton Hams would not
let his brother out Of his sight 1t ac-
counted for Thornton Hams taking the
captain with him when he went TO Bay
side, they maintained.
Hains Wanted to Buy.
Il have known Mr.. Hains for ten or
fifteen years. the witness said. About
the middle OF last April we met on a
Broadway car and talked about real
estate. He said: I want to get some
property near the water front I told
him 1 had some near Douglas Manor
We rode few blocks and he said: I've
got to get off and III see you later
Just before we got off 1 told him
the property I had was near the Bay-
side Yacht Club. l said that people
who got property there could have the
privileges Of the club and that most
Of the residents of Douglas Manor he
longed to it. He said he would be in
To see me in the afternoon. but he did
not come"
Justice Crane stopped the witness.
4 have no objection TO the whole
thing coming out" put in Mr. McIn-
tyre.
We're not taking testimony under
consent, replied the judge. We're
trying the case according TO law and
evidence
Darrin wns not to be baked. He
wanted to know all about the Bayside
property.
L wrote Hams a letter asking him
10 come in or let me call on him" con-
Iinued the witness. About the middle
OF May. one night. called at his house
at Bay Ridge I asked him why he
hadn't shown up at the office and when
he would come. He said he was very
busy and would let me know when he
would see me-
Was Watching Brother.
Since then I have seen him once. Tt
was some time in May. He had paid no
attention to my letters. I went to the
club and asked for Mr.. Hains. and the
girl said he was upstairs. When 1 went
up I saw Captain Hams. I said. That
isn't the man I want I met T. Jenkins /
Hains as ] was going out, and asked
him about the real estate. He said 1t /
would have to be postponed on account I
OF something that had come up-his /.
later declared he was busy-taklng care ,
Of his brother He started to tell me
about the trouble, but 1 wasn't inter- 4
ested''
The prosecution brought on Bernard 1
GlaSer, an expert riheman and member
OF the United States Revolver AssocIa-
ton. to testify regarding the automatic
magazine gun test. Darrin wanted to
snow that eight bullets could not be
fired without separate tug at the trig-
ger. and that the cartridges could nor
be exploded fl a few seconds. Glaser /
clicked the revolver to demonstrate how
II worked, and explained thar at the
test he pulled the trigger eight times in
one and four-fifth seconds.
What we really want to know" said /
Justice Crane, helping out the district
attorney. is If you can stop the firing
whenever you want top
You can FIRE one shot a day or all |
at once"
Mr.. Mcintyre scared the district att
torney by asking the witness II he
would go up in the court room gallery
and shoot the revolver to show the
Jury how II worked.
Your honor, please began the dis