The sun., 1908-12-27
HAMS DEFENCE OUTLINED
IAN CAN'T HIDE BEHIND LU-
NATICS ACT, COURT RULES,


feadant Tried 10 Keep Brother From
Meeting EAnnis-PFOsecutOr witness,
10 line with the contrariness which
= far he's characterized the Hams trial
i FfnasfnA in which for example the
zss,nk days OF the prosecution were
&sy0ted to helping out the defence. the
after ut It's opening day yesterday re-
1stved what appeared to be rather hard
Easak IN the form Of ruling by Justice
1Esns.
Enaene N. l.. Young OF counsel for
- defence, In his formal application
- - dismissal OF the indictments
zsainat T.aiJsnkins Hams, had raised
- edlsseution that In case Capt. Peter
8. Hains. Jr.s.Fhe did the actual shoot
= e AnnIs, should be adjudged insane
ID 4sak therefore he had committed
- crime for which he could be held re-
ztonstble, Thornton Hams could not be
"a NJ az ACCESSORY. Justice Crane.
I1telHuptin6, said:
a1hIs man may be guilty OF murder
lA tts frst degree as q proposition OF
~. although tho man who held the re-
4aIvar WIS Insane and 80 was not guilty
as murder. may cay to the jury now
: At THE man is being tried for his own
eesa and designs and not for tho acts
Of designs Of any other"
1fr. Young continued his, argument
@sah the contention that failure to inter-
zsse IN the commission Of crime Is no
proof OF guilt. In this the Court agreed
Nlall him. bat added this qualifications
sPreyious acts and declarations may.
heMeger, ID taken IN connection with
zinn-interference as proof OF criminal
design. Also q subsequent declaration
~ qualification at the act itself may not
Be taken as evidence of completely on
the part OF an alleged accomplice, but
g may be considered along with his acts
and declarations previous to and at the
cine Of the commission Of the crime.
II will say further at this time the
CutSt continued. that a man may be
essiIty Of murder committed by lunatic
e be aidsd and encouraged it knowingly
and intentiopally.. A man who is present
at the commission of q crime and who.
knowing the act and its consequences.
aias and abets IT, IN my opinion is not
N accessory Under The common law.
but principal.
On the other hand the Court made
rulings which in the stated opinion Of
<ke lawyers for the defence opens up
she whole story Of the matters leading
iip 10 the tragedy as well as paves the
way for bringing Capt. Hains's mental
eondition before the present jury. In
this direction Justice Crane said in effect
that he would not permit the introduction
. - tn hnx tha
relations Of William Z. Annis with Mrs.
Peter @. Hains. Jr, but that he would
accept anything that was told to either
the defendant or his brother. This is
admissible as evidence of Capt. Hams
sanity and also as showing or tending
70 Show Nith what motive the defendant
vent 70 Bay Side.' he said.
After MFR. Darrin had formally declared
the Peoples case in and Mr.. Young's
.s=-zzssssss77=is to dismiss the indictments had
BEEN denied .Joseph A. Shay openad the
fsfs<ice's case, He spent considerable
simetin .unappreciated- psthos.
Atthe outset Mr. Shay ran up against
che District Attorneys objections. sus-
tainad by Justice Crane, against his
characterization Of the prosecutions tes-
finony as "himsy, biassed, prejudiced.
4onttadiotory. suspicious and doubtful"
he struck the same snag when he attacked
the hiring OF James W. Dayton. q member
% tic yacht club. to assist Mr., Darrin in
the prosecution of the Hams brothers.
Mr.. Shay said that the defendant was
born In Washington in 1866 and told of
Gen. Hains,s war record. After men
sionkg Thornton Hains's early life he
said dsthat he was married in 1895 and told
pf bis ohild's deformity and his care of
boz. incidentally remarking that the de-
fence would prove that the little girl was
the innocent cause Of her fathers present
nrndicament. since, according to the de-
fendant's story, he went to Bay Side to
6ee fbout buying plot Of ground on which
to Build a home near the water for the
! -, 1s;z5 !; s of' f tthe ciiilds health.
When he got down to cases, Mr.. Shay
sold Of the defepdant's meetings and con-
VIBRATIONS with Jesperson. the real estate
agent. as related by Jesperson when so
strangely called by the District Attorney
Buee. Jesperson's partner in a way. met
Th6rnton Hams. the defence will try to
shoW. and sought to interest him in a
plot OF ground near the Bay Side Yacht
Club known as the Teller property.
Thornton Hains did not go to look over
the Iot8 at Douglas Manor which Mr.
J6sperBon had for sale or those at Bay
Side In which Mr.. Bugg was interested,
and when asked the reason by Jesperson
told the real estate man that his brother
&aatn great trouble and that he had been
oblsEed to stay and look after him.
1He promised. however, Mr.. Shay
o0ntinued, @that as soon as things cleared
up be would take Jesperson in his automo-
biie and 60 down there. Jesperson
agreed bat told him to try to make it a
Satufd4y. or Sunday for either place.
The defendaAt understood from his con-
.ferzation.with Mr, Bugg that Mr.. Jesper-
8on. TOD was member OF the yacht club
Now among the friends and acquaint-
'aiioeo Gf me defendant was a gentleman
who win be called here as a witness. who
Waa engaged in the business Of concrete
Milking, and this man and the defendant
had agreed that when Hams had found a
aiiikabie lot the other would build him q
abnprete house.
ron. the 18th of August the defendant,
accompanied by his demented brother,
ielk his home In Bay Ridge TO go to Fort
Hancock, at Sandy Hook. where their |
father and mother lived. He reached |
the New York side Of the Brooklyn Bridge |
and by the peculiar hand OF fate met his |
friend the concrete man. who was on his |
Hny from his Office 10 Park row TO the new |
terfnfnai under construction at the bridge, !
where bneof the concrete mixers lin which |
the Hains family Is interested) was being |
used , Thornton Hams said to this friend |
= Il