Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-26
Did Not Know Brother Was
Armed, Declares Counsel.
TRIED TO AVOID TRAGEDY
Suggested Going Away When He
Learned About Annis.
WAS INVITED TO YACHT CLUB
First Witness Is District Attorney
Darrin-Tells of Employment
of Special Prosecutors.

Lit StiINb. ~ j DeCSlIDef
the trip of Thornton J. Hams and his
brother. Capt Peter c. Hams. jr.. last
August to the Bayside Yacht Club. where
William f. Anns was killed. came about
through the invitation of an old friend,
and the journey was therefore not taken
with the design of taking the life of
-inns. is the declaration made today by
Lawyer Joseph W. Shay in the outlining
of the defense of Thornton J. Hams,
charged. with his brother. with the muir
der OF AnniS.
The name of the friend was not slven-
But he will be called to testify that on
The afternoon of August u he invited
he Hams brothers to Bayside. where
they were to look over some property
near the yacht club.
The defendants counsel in his opening
started to relate all the unfortunate de-
tails of Capt. Hams marital troubles.
which, Mr.. Shay declared. caused the
mind of the army captain to become I'M
balanced. On objection Of District At
torney Darrin, Justice Crane ruled that
any statement of what Annis did.
whether true or false, was not admsSi-
Ole.
Justice Crane said counsel might relate
whatever was told to Capt. Hams or the
defendant. With this ruling. Mr.. Shay re-
cited all the alleged acts of Mrs. Hams
which, Mr.. Shay declared, she had told
IIer husband on his return from the Phil
ippines
it was the club members who called
Thornton Hams attention to Annis in his
boat. Counsel said that before the de-
PENDANT could induce his brother to leave
the dock Capt Hams rushed to the float
and shot Annis to death.
The defendant, believing his brother In
danger of his life from John Tonning. the
boatman. and club members, warned
them off with his revolver. said counsel.
Justice Crane. in denying the motion OF
counsel to dismiss the Indictment, after
District Attorney Darrin announced today
that the state rested, ruled that de-
PENDANT might be held guilty as a princi-
pal even though the man who did the
shooting was insane. The court further
ruled that defendant would be guilty
rs principal who aided or induced an in
sane man to commit a murder
Only two witnesses had been called for
the defense when Justice Crane ad-
iourned court until Monday.
Mr. Mcintyre called District Attorney
Darrin to the stand to tell of the en-
ployment by the state of two special PROS
ecutors to assist In the case.
Eugene n. L. Young of counsel for
Hams, the second witness, denied the
statements made by. Policeman Fallon,
who declared that Thornton Hams had
stated that "he would go to hell to get
Annis and kill him again"
Mrs. Peter Hams Ill.
Mrs. Peter C. Hams, mother of the
man now on trial for his life, is Ill In
New York. Counsel desired to call the
mother to the witness stand to testify
that after Capt. Hams trouble with his
wife she told Thornton to keep careful
watch on his brother. The health of
Mrs. Hams, it Is said. will hardly per-
NIT her to come to court.
When court opened District Attorney
Darrin called Policeman George Bolton
to the stand to tell of the efforts he had
made to serve a subpoena on John
Tonning. the missing witness. Louis
iIarway, whb was with Annis on the
of Annis' boat.
Following Mr.. Harway's brief testimony
the prosecution rested.
MIR. Young moved that the indictment
against T ]. Hams be dismissed. The
motion was denied.
Mr. Young proceeded with his argument.
taking the position that person charg-
ed with being an accessory to the COM
mission of a crime could not be tried until
ii was proved that the principal was
guilty.
Right there / disagree with you," Judge
Crane said. II hold that this man may
DC guilty of murder In the first degree,
as proposition of law. although the
man who held the revolver and fired
The shot was not guilty of murder and
was insane.
Il am going to hold that man may be
guilty Of a murder committed by a lu-
natic If he aided and encouraged it know
ingiy and Intentionally, knowing the act
and its consequences. In my opinion a
man who is present at the commission OF
q crime and aids and abets it is not even
as accessory under the common law, but
principal.
Defense Outlines Case.
With the conclusion of Lawyer Young s
argument Joseph Shay, associate counsel
for Thornton J. Hams, in opening the
for the defense, charged that the
evidence of the state bore every SEM
bance of falsehood invention and manu-
iacture.
lie said that the defense will prove
Thornton Hams had nothing to do with
the death of Annis: that Hams had no
thought OF tnnis in his mind when he
went to Eayside; that he had no idea
That Ar1is was there; that Thornton