Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-31
MRS. HAMS TEST|F|ES
Amid Sobs, Tells of Her Sons
PitifuI Grief.
DARRIN STAYS IN CASE
Ordered to Continue as Prosecutor
Lest Thornton Escape Trial.
SUCCESSOR WILL HELP OUT
Maj. Hams Considers Brother to
Have Been Irrational Over
Conduct of Wife.
SUCCESSOR WILL HELP OUT

c. Hams, mother oe Thornton ]. Hams.
told today before the court and jury Of
the boyhood Of Capt. Peter c. Hams. jr.
in which she said he showed signs of
physical weakness.
These evidences of weakness were the
early signs, counsel asserts. of the men,
tai condition that readily developed under
the influence of revelations concerning his
wife's alleged misconduct.
Mrs. Hams broke down twice while tell
ing her story. She was permitted TO tell
that she had suffered from hysteria.
Concluding her testimony. the aged
mother expressed the belief that her son.
Capt. Hams. was irrational.
Gen. Peter C. Hams. U.S.A., retired. also
testified at the morning session, saying
his father died from insanity. He was
still on the stand when recess was taken
Mr.. Mcintyre. whose illness caused an
adjournment of the trial yesterday after
noon, seemed much improved this morn
ing and said he believed himself strong
enough to proceed with the case without
further delay.
The court has directed that District At
torney Darrin continue to conduct the
prosecution after the expiration Of his
term Of office tonight. In the court
opinion, otherwise Thornton Hams would
escape justice, as abandonment Of this
trial would prevent his being again put
in Jeopardy Of life by second trial.
Maj. Hams Resumes.
Maj Hams. resuming the witness stand
when court opened today, told of Capt
Hams conduct in June last when in
formed of the alleged misconduct of his
wife.
The captain. according to the witness,
could neither sleep nor eat. and said he
could not think When told by his father
that Claudia Hams had been away from
home for a week, the witness said, Capt
Hams asked her for an explanation.
At first she said she had been to the
mountains. Later she admitted she had
been to New York with Annis. and that
she loved BILLY" All that night. Capt
Hams told the witness. he spent pleading
with her.
From what YOU have observed of his
actions and words would you say your
brother was rational or irTational?"
Most decidedly irrational" replied Maj
Hams. concluding his direct examination
On cross examination Mai. Hams re-
lated conversation. held the evening of
the majors arrival from the west, in
which Capt. Hams divorce from his wife
was discussed by the defendant, Capt.
Hams, and the witness. Mai. Hams said
Capt. Hams appeared to be speaking
from badly shattered memory, but was
fully conscious Of what he was saying.
Visit to Brother in Jail.
Mai Hams said he saw Capt. Hams in
the Long Island Jail after the shooting.
Il said to Peter How did you get in
here He stared at me and said, I don't
know He was excited. l can't recall
the conversation that we had. 1 know
we only looked at one another"
Maj. Hams said that in June he took
a walk with Thornton Hams and asked
him what he knew about the trouble
Maj. Hams said:
Thornton said to me that on Sunday
morning. just after the arrival of Capt.
Hams from the west. there came bang
ing on the door and Peter appeared
The captain wanted his brother to come
to Fort Hamilton, where they found his
father Gen. Hams
Did Thornton Hams tell you at that
time that he had any suspicions?'
II don't believe he did.
Did he tell you that he wrote to Capt.
Hams telling him to come hack?'
II don't think he did
Did Capt. Hams tell you what brought
him back?'
He said he had received large pack
age OF letters, but did not say who they
were from. He gave no impression of
whom they were from
The major said he had discharged Capt.
Hams revolver a recent test in II Is
seconds.
Darrin Ordered to Prosecute.
When Mai. Hams concluded his test-
mony Justice Crane excused the jury for
a brief recess. After they had left the
room the justice took up with Mr.. De
Witt. whose term as district attorney of
Queens county will begin at midnight. the
question of carrying the pending trial to
its conclusion.
Justice Crane, pointing out to District
Attorney Darrin that his withdrawal at
this time would result in ending the case
against Thornton Hams, as under the
constitution no man may be twice put in
jeopardy for his life, directed him to con-
tinue the prosecution TO the end of this
trial. Mr.. De Witt also was directed to
appear in court every day.
The jury then We're returned to their
seats Mrs. Gen. Peter G. Hams. mother
of the defendant. took the stand.
Dressed In deep black. which contrasted
sharply with her almost snow-white hair.
Mrs Hams was led to the witness stand
by Maj. Hams. In voice almost in
audible she told of the childhood of Capt.
Hams.
Mrs. Hams in Tears.
Tears came Putting her handkerchief
to her face. she wept for several min
utes. Justice Crane spoke to her quietly.
telling the mother to calm herself and
take her own time.
Mrs Hams said that Peter was deli
cate child and there was little thought
that he would live. She said he had ear
and eye trouble and when about two
years Of age fell on his head.
Mrs. Hams said that when she saw
her son in June he seemed worn and
haggard. She broke down again during
the recital of her story, most of which
the jury could not hear because Of the
low tones in which she spoke.
Mrs Hams said:
My boy put his arms around ME and
cried. My poor mother, What have l
done that She should have disgraced me-"
Il noticed spells Of silence. And then
he would hide his face in his hands.
Again he would read Kipling's YAM
pire' and made comparisons with the
woman in the poem and his wife He
read the poem often, and sometimes he
sang an air from IL trovatore' and
songs
Mother Suffered From Hysteria.
Mrs. Hams said that her son visited her
for a week in Washington. All during the
visit she noticed the strange signs in
Connie" pet name for Capt. Hams.
Mr.. Mcintyre said he desired to show an
insane tendency in Capt. Hams by asking
the witness If she had suffered from ner-
vousness and hysterical trouble. Justice
Crane would not permit the interroga-