Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-19
Preponderance of Evidence,
SO Far, Does Not Favor Him.
HIS COMPLETELY INDICATED
Graphic Stories by Eyewitness
Score Against Prisoner.
ONE GAP IN THE TESTIMONY
Prosecution Has Been Unable to In.
troduce Claimants Story of
Hunt for Annis.

Special Dispatch to The Star.
NEW YORK. December 19.-On the
whole the first week of the trial of
Thornton Jenkins Hams. equally ac-
cused with his brother. Capt. Peter c..
Hams. jr.. Of the murder of William f.
Annis. has not gone so we'll with the
defense.
! There have been moments when Hams
attorneys have felt much encouraged. as
some favorable point was wrung from
witness under the clever cross exam
ination of John F.. Mcintyre There
have been other moments dark and
gloomy as the weather was yesterday
| witnesses for the prosecution have
been peculiarly strong. Graphic stories
have been told by eyewitnesses of the
shooting on the 18th day of August
Real vital things have been laid before
the jury.
1t has been testified to that Thornton
| Hams. while he did ask for Jesperson a
real estate man, also made inquiries at
the yacht club for Annis Witnesses have
said that when Thornton Hams didn't dis
cover Jesperson anywhere about he made
the remark: Let's go home" or Il think
l will go home. Jesperson is not here"
| But Thornton Hams did not leave. He
fingered until Annis' boat reached the
float He threatened with his revolver
those who were on the float while the
army captain emptied the contents of his
Colt magazine pistol into the body of An
mis-.
Funke's Testimony Important.
| The witness Funke, called yesterday.
made most important point when he
said that Thornton Hams threatened him,
the witness, after the first shot was
I,
ton. He also said there was an inter-
val after the first shot, then four more
shots in quicker succession, then another
pause and another shot.
The testimony went to show that Thorn
ton Hams aided and abetted his brothers
crime instead of merely interfering to pro-
tect his life. and that the shooting was
done Acknowledgment in the hurried man.
ner the defense would have the jury be-
lieve.
The one gap in the testimony lies in the
fact that the prosecution has not yet
traced the movements of the two Hainses
from the railroad station TO the yacht
club. 1t was on the way over that the
hack they were in passed. as Mr.. White
set forth in his opening, a stage in which
proved that Thornton Hams said. I'VE
have got him now as soon as his glance
| fell upon Mrs. Annis.
The trial is likely to take some time yet.
! The defense will have a long innings.
The strength of their case is an unknown
quantity.
They promise to produce on the stand
| William Jesperson, real estate man. to
bear out their point that Thornton Hams
went to the yacht club merely to make a
real estate transaction. Mr.. Bugg.
said to be. a member of the club. who is
expected to give testimony Strengthening
| the real estate phase Of the matter, Is
another prospective witness.
They have a number of others. Only
the defense knows how strong their
stories will be.
Bells Toll Worries Hams.
On the day that Thornton Hams and
his brother Peter were taken to the Long
Island City police court for arraignment
before Magistrate Gilroy it happened
oddly that the moment they reached the
courthouse steps the bell of st. Mary 8
Church. across the way. tolled for a
funeral. The street outside was clogged
with carriages.
Yesterday afternoon. as Thornton Hams
sat calm and unmoved in the courtroom.
the bell of st. Georges Episcopal Church
on Main street tolled solemnly in the
same way. The sound caught the defend
ants ear. He suddenly sat up straight
and listened to the mournful booming of
the old bell.
Outside it was wet. raining and desolate.
Thornton Hams was disturbed That was
evident.
AS the bell tolled he shifted uneasily
in his chair. and at length gave his coat
a vicious tug and squared his shoulders
as If determined that he would not let the
sound bother him. Thereafter he did not
smile-not for some time at least.
Lawyer and Witness Quarrel.
| Crowds attending court at Flushing
made strange table companions at the
hotels yesterday, during the recess hour.
At one table in the Fountain House din
ing room sat Gen. Peter c. Hams and
Maj. John P. Hams. father and brother
of the man on trial for his life; Mr. Nc
Intyre. counsel for the defense, and Fred
erick A. Storm. witness for the prose-
cution. who had undergone a grilling
cross-examna nation by Mr.. Mcintyre dur
ing the forenoon
At an adjoining table sat Edwin An
drews jr.. who has already testified, and
5 Charles H. Roberts. who probably will be
placed on the stand Monday. both men,
bers Of the Bayside Yacht Club.
During the meal Mr.. Mcintyre took oc-
casion to say to Mr.. Storm, with some
show Of heat:
NO decent man should claim to be a
friend of Annis
Roberts Takes Umbrage.
Mr. Roberts jumped to his feet and
proclaimed In loud tone:
II was a personal friend or AnnlS, and
I shall not permit any one to say any
thing against him..
There was a menace in his voice and
In anticipation of violence knives. forks
and spoons clattered against china as the
diners dropped them.
Mr.. Mcintyre looked up coldly and re-
piled:
"If you say that my only comment is
that birds of a feather flock together. II
you insist more you must wait until
you are sworn.
You can't tell anything about me- an.
nounced Mr.. Roberts.
II am not afraid of you. Roberts," re-
torted the lawyer. Il have looked UP
your record and that of all the club
members who have to testify In the Hams
case. and l have gone back five years.
shall ask you about yours before you ge,
through.
! This concluded the public controversy
Mr.. Mcintyre said afterward that wheI
, he had said he was not afraid he had
not intended to infer the possibility of a
: brawl. The episode formed the principa
topic OF gossip throughout the afternoon
TEMPORARY CENSUS CLERKS.