New-York tribune., 1909-05-01
T. J. HAMS ON STAND
QUERY ROUSES MINTYRE.
Demands MisriaI When Prosecutor
Asks If U'itneSs Killed Hdnnigdn.

Thornton Jenkins Hains succeeded his father.
General Peter {. Hams. yesterday a witness in
the trial of Captain Peter I. Hains ir-. for the
murder Of William Z. Annis. in the Supreme Court,
Flushing At the outset Of his cross-eXaminat ton
he was asked question that brought his brothers
lawyer to his feet with vehement protest and
demand that mistrial be declared by the Court
It late in the afternoon when Thornton Hams
turned over to District Attorney De Witt for
cross examination. The prosecutors first question
was:
Mr. Hams did you shoot and Kill named
Hanngan i'm MAY. 1901 -
The witness leaned forward in his chair. the
Of which his hands gripped convusively. and
he had evident difficulty in permitting Mr.. Mcintyre
to do the talking. The lawyer was ready however
He Ieaped to his feet with loud objection.
And YOUR honor" said he. IT not only object.
but ask your honor direct the jury to disregard
the question"
Yes" said the Court
And 7 further ask your honor said Mr.. Mcln-
tyre. TO withdraw one Of the jurors from the
box"
"Oh. no. I will not do that I will not 60 further
than to direct the jury 10 disregard the question
said Justice Garretson.
The defendant manifested little interest in the
proceedings during the entire session. He spent
most of the day t~Irling lock Of his hair. speak
ing 10 one. When the Court ordered the Gus
tomary night adjournment he sat still in his seat
until deputy touched him on the shoulder and
said Come captain" He did notice his reia
tives as he passed out The courtroom for the first
time since the trial began was crowded with spec
tators. many Of them being women.
District Attorney De Witt disclosed in part what
he intends TO do in rebuttal during his cross-ex-
animation Of Thornton Hans, when his questions
Indicated that he intended to call number of
government employees to testify to statements in
Thorton Hains's testimony.
GENERAL HAMS CROSS EXAMINED.
General Hsins. whose cross and redirect examins-
ton occupied the morning, laid stress his belief
that his Peter irrational between May 81.
when his Wife's alleged confession was made, and
August 15, when William Z. Annis shot. The
District Attorney did not spare him on account Of
his gray hairs but used the customary methods Of
delvng into sswtness's mind to ascertain If nc had
digressed from facts. Then. too. there trace
Of sarcasm in his voice when he asked:
General. referring TO that engagement In which
You say your interposed his body between YOU
and the enemy's fire, wish to ask il any one was
killed I'm the engagement
The question excluded Mr McTntyre's
strenuous objection.
We'll. did YOU consider that rational or an
irrational act?" asked the prosecutor. That. too,
was excluded.
Are YOU familiar with the army regulations for
1852" the witness was asked.
NO. sir I retired four years ago" responded
the general who stated. however. that in general
he familiar with army regulations.
Well, II that is So do You know whether it IS
permissible for officer flrlough TO carry load
ed. dangerous weapons?" The question was not
allowed.
Tell me Of act you consider irrational on the
part the defendant"
In Washington at time Connie lay on a
lounge He placed his feet the wall and said
his mother on damn your wall. am not hurting
it. do nor SEQ why YOU keep bothering me about
matters like that I consider that an Irrational
statement
When his wfe's confession. dictated by her IN
his presence. had been read him. my son made
rational statements. When her answer his di-
vorce suit was read by him he threw 1t the
table to me and said I expected be accused Of
every crime on the calendar but Of such things
as this names. My God. I didn't expect this"
THORNTON HAMS THEATRICAL
After Thornton J. Hans had given a brief ac-
count of who he was and how ne had first followed
the sea and later taken up magazine writing. he
gave theatrical demonstration of how his brother
acted when he broke into his room IN Bay Ridge
after learning from his wife alleged Of her re-
lations with Annis. The witness shouted as he
said his brother had done. and waved his arms as
he asserted Captain Hains did
Let this be the last OF that" admonshed the
Court. 4 viii have theatrical testimony
this court Let the witness describe in words what
transpired and avoid demonstration
The admonition soor forgotten and at least
half dozen times Justice Garretson had 10 tell
the witness 10 control his tones Upon the motion
of the District Attorney the witness instructed
to exclude from his testimony such expressions
4 took my brother" and II made my brother
do thus and So The witness invariably apoogized
courteousy when reprtmanded
Thornton Hams retod the story he related at
his own trial, but with considerable less circum-
stantialty His brothers counsel created some
thing of surprise when he omitted from the ex
animation all reference to the actual shooting TAX
ing the witness nearer the float than the dock.
and then whsking him into the automobile that
bore hin: and his brother to the police station
Later Mr.. Mcintyre explained that ne did this TO
compel the District Attorney the brother
his own witness regarding the shooting and thus
prevent him from cross-examning him about it.
The night adjournment was taken with Thornton
held to-day.