The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1908-12-29

said he would telephone his office. He
was excused.
Charles R. Weaver, general sales
agent for the Hams Concrete Mixer
company, was the next witness. He
said he knew both the defendant and
his brother Captain Hains and that he
also knew their wives.
Were you in New York on August
1872"
Yes I was in the Park Row build
ing attending to some concrete bust
ness. Concluding my work, I went to
the Brooklyn bridge to see some con-
crete work there. On my way there I
met Thornton Hams and Captain Hams
coming down the bridge steps and l
spoke to Thornton"
Postponed Trip.
Thornton Hams. the witness said,
proposed a trip to FIT. Hancock, first
by launch and then by steamboat. but
witness declined and suggested that
the brothers go and look up the prop
erty on Long Island"
Captain Hams took no part in the
conversation and walking up Broadway
he became separated from his brother
who went back and found him. The
three then went to hotel where
Thornton Hams and the witness took
luncheon, the captain sitting by him
self in the rotunda. 1t was agreed the
witness should accompany the Hams
brothers to Long Island but when the
ferry was reached, the witness decided
that he could not go. As they parted
the defendant agreed to meet the wit
ness at o'clock that night in New
York, but the engagement was not
kept.
Prosecutor White objected to any
conversation that the witness had with
Captain Hams. Mr. Mcintyre informed
Justice Crane that he desired to in
corporate in a hypoth etical question to
be put to the experts certain conditions
testified to by the witness. Mr.. White
objected. AS a question of evidence,
Justice Crane held that the matter of
Captain Hams sanity was admissible
as bearing on the attitude of his broth
er at the time of the shooting. Mr..
Weaver continued his testimony.
Hams and Wife Affectonate.
Mr. Weaver said that Captain Hams
and his wife were very affectionate be-
fore the departure of the captain for
the Philippines. Before he left for the
Orient Captain Hams showed no ira
What was said by Captain Hams
when you saw him in August at Thorn
toms house?'
HE said his wife had been a good
woman, but Annis had betrayed her."
What was his appearance?"
'He looked wretched, as If he had gone
to pieces. He looked down at the floor
and twisted his hair Sometimes he
arose and whistled and sat down again
and became SILENT
Recess was taken at this point.
Before court convened for the after
noon session, Mrs. General Hams, ac-
companied by her husband and her son.
Maj. John Hams, entered the courtroom.
Thornton Hams arose and went to meet
his mother as she entered the enclosure
where counsel were seated. The defend
ant took his mother by the hand and
talked to her a few moments, while she
wept softly. 1t was the first time Mrs
Hams had seen her son in court.
Mr.. Weaver reuming the stand said
that he and Captain Hams once stopped
at Youngs hotel, in Boston.
"Going to the lawyers, Captain Hams
twisted his hair and pushed his hat
- + F." said Mr. Weaver. land said his
wife came from that town, and now he
nd no wife. On the train his actions
continued and the Captain said: My
Cod Weaver, my home is all gone "
Mr.. White cross-examined Mr.. Weaver
Twisted His Hair.
as you have described here before he
went to the Philippines
'I did not"
What was said by you to the defend
about going to Bayside on August
49,