New-York tribune., 1909-04-29
HAMS CRIES In COURT
DEFENCE OPENS ITS CASE.
Peoples Experts Intimate That Cap
tain Is .ShammiRg Insanity

Csptaln Peter { Hains. ir- trial at Flushing
n rho sur-cnc Court before Justice tafretsoh anu
a jary. for tine murder of William Z Annis hToNe
down and cried yesterday while Eugene y l.
Young of his counsel addressed the jury in open
ing MS deferco General Fains made no concsalrent
OF emotion. several Of the jurors were NlsloiN
affected. ara iH ttr audience many EandheIclhels
we're used TO wipe tears tnat sprang unbidden 20 the
eyes.
Captafn FIaiuz did ror Icag give way 10 his emo
ton. fer - = word from Sheriff Harley. Deputy
Sheriff G.~6o .oacled him the shoulder and.
military IKE. he strag,tea"d up Al once and re
nained lr upright position.
Rapid progress WAS made with the trial George
a f5recs former District Attorney Of Queens
County. oTened the case for the prosecution taking
less than twenty minutes reli rhe jury what the
Pcople expected ~ prove Following this. the prose
cltton's witnesses their testimony Cen
erai Hams viii he the first witness for the defence
today. and Il is expected that he viii be followed on
the stand by Thornton Jenkins Hams. The prosecl-
tion asked To the prisoners father excluded
from the courtroom yesterday with the other Wit
nesses. but the defence objected. and he was per
uitted TO stay.
Justice Crarretson ruled that. wherever possible,
mention Of Thornton Hains's name was be
emitted
The prosecutors Witnesses were Frederick G.
Ieavit1. of Eo. - North Portland avenue Flushing
Harvey g Rockwell. OF No. 56s Sanford avenue
Flushing; Or Leopold H Schmuck. Of Corona who
was house surgeon Of the Flushing Hospital;
Charles A BirchfelJ. Of No. S-S West 11sth street
Manhattan; Herbert r. / Funke, Of 40 19a South
Parsons avenue. Flushing: Edwin Andrews, ir.. Of
F5syside. and Charles Ii. Roberts, of No. 20 Ash
The testimony vas similar that given in the
Thornton J. Hams case except that no stress MAS
laid on tie intervals between the shots-a vital
ISSUE al the former trial
NEW TESTIMONY GIVEN.
Testimony not brought out at the trial Of Thorn
ton Hains given by Mr. Roberts IN closing
the prosecutions direct case. He went to the po-
lice station with Captain Hains after his arrest.
and while the way he said Patrolman Baker
asked the prisoner what kind 81 revolver he had
used. The witness swore that Hams, after saying
that IL Was "a - automatic Colt showed the
policeman how he carried The holster about his
waist Mr. McIntyer wanted to know II Mr. Rob
erts had talked with Patrolmsn Baker yesterday,
and the witness said he had Nj. Roberts said he
had not testified this conversation and had not
spoken Of it 10 any one With the exception Of the
policeman.
Mr. Funke started 10 tell that Thornton Hains
pointed revolver at him. and Mr. Mcintyre OBJ
iected. District Attorney De Witt contended ne
had right ia show what every one on and about
the feat doing AZ the moment but Mr Nc
Intvres objection sustained by the Court
Then came a long fight over the admission OF
the remarks exchanged between Annis and Cap
tsir Hams Mr. Mcintyre kept out the one made
by Annis 10 Captain Hains for a time. but Mr. De
Witt brought cut the fact that Mr.. Funke heard |
the defendant say: Maybe I have, but l don't /
think so"
Before that what. if anything. did Anns say?" /
Mr De Witt asked.
All OF counsel for Captain Hans objected IN one /
voice and after an argument Justice Garretson /
allowed The witness TO reply. He said:
''Annis said 10 the defendant: Captain, you've .
made awful mistake
FERMENTATION NOT PROVED.
District Attorney De- Wits attention called
70 the fact that while had proved the shooting, /
he had not proved apparently had tried TO /
preYe premeditation- AIT- Gregg in his opening /
address laid great the premeditation, and
the absence Of proof seemed striking 10 obserF-
ers Mr De Witt said: 1t has been testified that (
Anniss boat came in toward the float Captain |
Hams stood with folded arms watching ii come /
What more natural attitude? The jury can see for
itself that he was standing there with his arms
folded waiting for his victim. The jury is ineIl-
gent and will make its own deduction
Mr.. Young. in opening the defence. said that eTi-
dence would he presented prove that Captain !
Hams "laboring under mental unbalance
from May 81 August =. 1905 ana not respon-
siuIe foT his acts He referred his childhood and
said the nervous irritabty from which he suffered
had been pronounced through life
Then he -ook Up the acquaintance with Annis.
the captains trip TO the Philippines and the Incl
dents alleged have occurred during his absence
he outlined the testi nony to De repeated by TIE /
servants the Hams home, and referred 20 Mrs.
Claudia Hainss alleged confession. and closed, /
saying:
We Viii show 10y officers Of the United States
army that TIE DEFENDANTS conduct during several
man was made insane by grief, shame and mental |
shock.
divorce proceeding instituted BY him his father /
risced him in charge of his brother, Thornton j. !
Hams
Thornton Hains took his brother with him to |
4 /. JeseTson Ia look AT some waterside property
Medical experts whC observed him in Jail viii !
prove his insanity caused by the disgrace that he
and his family can never live down
SAY HAMS IS SHAMMING.
The alienisIs for the prosecution. who viii play /
leading parts in the rebuttaI. watched the prisoner
closely YESTERDAY limitations that Hams was /
saanminE insanity permitted leak out. |
One alIenst asserted he made refrain from I
using eyeglasses 10 make him stare blankIy. The
defence on the other hand. asserts that the cap
tsins glasses were taken from him by the au-
thories lest the lenses furnish him with a deadly |
weapon
ncient for him 10 present the defence The Dis |
The rebuttal.
Because Of anonymous threats against his life, /
Thornton Hains when he appears in to-day /
Wiz have police hodyguard appointed the (
quest 81 5he defence.
Some question Captain Hanss standing in |
the army raised YESTERDAY. and IN reply Daniel
O'Reilly said: Captain Hains is leave Of ab- +
sence and drawing pay a captain such 1
Leave. He is assigned post in the State 4
of Washington. ana VIII go there for duty just so
soon as he is released after acquittal-''
COBALT COMPANY ELECTS DIRECTORS. (.