New-York tribune., 1908-12-27
HAMS DEFENCE OPENS
CRUZ, MOTIVE OF TRIP.
Proof of Captains Insanity Would
Not SdUe Thornton, Rules Court.

u The defence in the trial Of Thornton j. Hams
for the murder of William E. Anns at the Bayside
Yacht Club on August Is will seek TO show that
the trip of the Hains brothers on the day OF the
shooting came about through the invitaton OF an
old friend and that the journey was not therefore
taken with the design of killing Annis Ihls was
stated when Joseph W. Shay outlined In ms open
ing address at Flushing yesterday the programme
of the defendants counsel
The prosecution briefly examined two witnesses
IN the morning after the adjournment over CHRIST
mas and closed its case. It will have many WIZ
nesses TO examine in rebuttal
AS soon as District Attorney Darrin announced
that the people had completed their presentation OF
evidence Eugene n. l. Young, sOI associate counsei
for the defence, moved for dismissal of the in
dctment on the ground, chiefly. that the state mao
failed to prove a crime against the defendant ana
on a number of other grounds The court ruieo
against the motion.
Mr. Young proceeded with his argument, taking
the position that a person charged with being an
accessory to the commission of a crime could not De
tried until 1t proved that the pr1ncipel was
guilty.
Right there disagree with you" Judge Crane
said "I hold that this may be guilty OF
murder In the first degree as proposition OF ia"
although the who held the revolver and nreo
the shot not guilty of murder and was insane
81 am going hold that man may be guilty
,f a murder committed by lunatic if he aided and
encouraged it knowingly and Intentionally know
ing the act and its consequences. In my opinion a
man who is present at the commission OF crime
and aids and abets it is not even an accessory
under the common law, but a principal
SHAY OPENS Defence.
Mr.. Shay OF associate counsel. then made the
opening address to the jury. He was 1requehuy
interrupted by District Attorney Darrin' VINO oo-
iected to his arguing with the jury regarding tes-
tirov of the states witnesses. During the opening
address which of considerable lenslh MI
MCINTYRE chief counsel leaned his elbows on a
table Immediately in front of the jury boA anu III
tentIy studied each Juror
RriaA,, Mr. Shav's opening address stated that
the defence would prove that Thornton J. Hams
carried a revolver on trips on the water Tor pur-
poses Of signalling; that he had used every enort
since his brothers mind became clouded oy MS
troubles TO prevent Captain Peter c. Hams from
carrying a weapon; that the defendant was on the
pier and not on the float when the firing took place.
that he TO the float only after the nrlns naa
ceased and when he heard cries of XIII him!
Lynch hnr' and that his sole object was to pro-
. his brother
Mr. Shay spoke of Captain Hams being morose
and sullen August Is, unwilling TO do anything
Thornton suggested
Now we will show you how Mr.. Annis" -
went Mr.. Shay.
The Court said. interrupting Mr.. Shay: Il shall
rule that any statement of what Annis did is not
admissible"
MI Mcintyre asked:
Doesn't the introduction of tho Ripley letter
open the door, your honor?"
NO sir; not as TO an independent fact, sad
the Court ''You can relate anything that was
told Captain Hains the defendant that bears on
the 1 will permit that whether true or false,
but not Independent fact. will permit no
evidence tending to prove the truth or falsity Of
any such statements
LAS matter OF law, you may show everything
bearing upon the mind of Captain Hams or the
defendant, but will not be allowed to prove or
disprove any statements regarding what Annis
did, said Judge Crane.
Shay again started speak OF it. when the
judge said: Now. Mr. Shay. don't argue wNth
me. I know you to be a skilful gentleman and
that you understand my ruling. Do not try TO fool
me Speak only of what you told them
Mr.. Shay closed with lurid picture OF what
would happen to the defendant il the jury found
him guilty..
Mr.. Mcintyre called District Attorney Ira G.
Darrin at y o'clock his first witness, immedi-
ately after Mr.. Shay completed his opening ad-
dress He asked him if he elected by the people
of Queens County. Darrin said he was not sure,
but Justice Crane interrupted and said, emphau-
caIly that the District Attorney had been duly
elected and sworn tn. He not allowed to state
what compensation he had agreed upon with Mr.
White and Mr.. Dayton. He said he engaged Mr..
Dayton about August % and Mr.. White Oc
tober l.