New-York tribune., 1908-12-25
HAMS DEFENCE HAPPY
TWO SURPRISES SPRUNG.
State Witness admits MisStdtement
Jesperson a Boomerang.

fsrf1r
,,ortance. and close Joseph A Shay VIII I'M
777ediately open for the defence
Two moves yesterday caused the defence 10 re-
,oioe In the morning the examination of Martin
Srura .he cab boy, who declared he heard morn
80, F5airs ask fer Anuis before the fullng'
brought oct discrepancies that led the defence 10
ssk Slura's arrest. Then District Attorney DarIlh
-,rsxpecte6lv brought out what Hams regarded rs
. ros,- gained for him in admission by JespeT-
son hat the defendant actually had an ensasenent
vffb Mr. Bagg Jespersons partner, TO look 9' ''fl
estate in Bay Side -
slura explained alleged false statements to the
LAWYERS who took his affidavit by saying that ne
believed them 10 he reporters II was his rear OF
District Attorney Dsrrir and what the latter 1lE'
do TO him he explained. that led him 10 lie 10 'ie
.,,,.-,ose5 -eu-spsper men. He said he thought
narrin did not wish the truth TO appear IN the
rspers before the trial
sxurs. in his direct testimony. said he drove the
15sins brothers 10 the Bayside Yacht Cluo, ana
that the defendant asked him some questions re
sardinE real estate, and then asked II he Kne"
William r Annis. He found package IN the
faoi, later Testimony regarding the package was
,ot Admitted as another passenger had entered the
hack before 4 vas found by Skura- The package
vas that containing cartridges The Dlstrlct =
torney had hoped through il 10 prove that the
pistol was loaded during the or1Ne from 'iie sA
10 the clubhouse.
Skura also testified that he heard the detenoant
say Now we've got him. when they passed the
stage containing Mrs Annis on the way TO tne
clubhouse
When Mr Mcintyre got hold OF skura he asked
him II he had signed and sworn to q statement 10
Messrs Young and Shay on September s. he
admitted f. Then. bit by BIT the defendants chief
counsel tore the statement apart, asking the wit
ness If esch statement was true He declared
each n;t was true Then he said It all true
II was offered IN evidence and read second time
the jury.
The statement told how the driver. on August 10
at railroad station saw the two hains oroIii-
ers standing al the end Of the platform. II goes
on: y now know their names didn't then-
T : Hains hailed me and asked IL I was a pubic
haokrnan. I said yes. ard he asked me how far
was the Bayside Yacht Club. I said about mile
and a quarter. He said: I want 20 60 down there
70 look at some real estate and asked me to take
them down. They got in the carriage Inc cap
tain was standing there in a daze: he dion
eeen 10 pay any attention 70 what his brother
was saying While were on our way no con
versation Of any kind was carried on Ihey oldn
speak 10 each other that I could hear ana ue
name Annis never mentioned by ellher o.
the men
Did you speak the truth" asked Mcintyre
when you told the jury you heard the oefenoaht
ask for Annis and say; Now we've got him
Yes sir" said the cab boy
And did YOU tell the truth in your signed and
ruorn statement made 10 Mr.. Young and MI
shay?-'
DO you realize what you are sayins?' he de-
raanded -.Now. you tell and tell quickly the
truth about this matter"
We'll when told those what did took
.bern FOR neu-spaper reporters. and was afraid
District Attorney Darrin would go for me hara
q told them the truth. 1 believed he did not
want ii known before the trial
ASKS FOR WITNESSES ARREST,
NJ NeIn+v-e asked the court. under the circunn-
stances 30 commit skura for perjury The Dlstrlct
Attorney inteIposed an objection
1t isn't necessary said Judge crane Will
If rr75s- consideration
II met Mr.. Andrews last Sunday" said skura
under continued cross-examinaron- w . came 70
the courthouse. and was in the judges room one
half hour with Mr.. Da-rin MI. Butler, Mr.. Law
renee and M DAYTON. Nj Darrin said: When
YOU get on the stand. tell the truth and only the
truth Air Darr1n asked If my statement was
true He told me to look around and identity the
man you took down the club "
Martin said the District Attorney impress
sf-ely did I ever tel you ask you tell any
thing but the truth2'
No. sir. You always told ne TO tell only the
truth. The rame Of Annis was mentioned That
Is truth
Henry L. Jesperson testified that he was en-
Tloyed by the Rickert-Finlay Realty Company last
summer. He had known the defendant fifteen
years In the spring he had a talk with Thornton
= Hams about real estate matters
He said ne was Interested in waterfront land
said Mr.. Jesperson. and 1 told him ] had some
such property Douglas Manor, and that all
OF Douglas Manor property were entitled
10 the privilege OF the Bayside Yacht Club. He
made an engagement TO meet me. but did not come
He called later in April. but was not then there
TIe left his address and I called upon him in Bay
Ridge. I asked when he could go out with me 10
see The property
He replied that hs was then busy. but would
60 as soon as he could and would make ap-
poin5ment. I called again later on 10 make date.
ana he would have 10 be postponed for some
time because OF some matters that had arisen re
gsrdng MS brothers divorce case He again prom
fsed to meet me when it was possible regarding
the property. and said that he would call for me
IN his automobile"
Had YOU any interest in Bayside property"
asked the District Attorney.
Yes. NV partner had property. and If It
sold ! would get half the commission"
HAD APPOINTMENT WITH HAMS.
II also wrote Mr.. Hains.~ said the witness still
giving direct testimony. that II he wasn't satisfied
with property in Douglas Manor I had some
Bayside the sale of which would give me com
mission just the same"
The defendant made appointment with my
partner. Mr.. Bagg. TO meet him al Bayside. hut
90 not know the date ne added.
Mr.. Darrn asked permission 10 retire. after the
sensation produced by Jesperson's surprise. When
he returned The Court said:
Now AR. DarTin. have your remaining witnesses
ready When YOU call them We VIII finish this
part Of the case to-day
The wives Of three members Of the Bayside club
are under subpoena. and is said may be called
BY the state 20 tel OF the incidents previous the
shooting
The defendants lawyers are placing their main
fo,.e in tie story that Thornton J. Hams VIII tell
.~Thornton F5ains's recital said John 7. McIn-
7z-rs will be clear and convincing. and ,giI tear
TIE states case 10 pieces
?, Is believed that HaIns's lawyers Will Iake Il :
stand 10 -eHute The testimony OF Policeman Fallon
tlsat Thornton Haius. referring 10 Annis said 10
f l1