The Washington times., 1909-05-07
HAMS NEXT PLEA
IS UNNR|TTEN LAW
Insanity Defense Apparently
Damaged by Testimony
of Officers.

FLUSHING, L. l., May with his
plea of insanity for Capt. Peter c..
Hai1s, badly damaged, as the result OF
the testimony of brother officers who
saw him about Fort Hamilton follow &
the quarrel between his wife and him-
seif' and after his wife had returned to
her parents in Boston, and all of whom
considered him rational, Attorney McIn-
tyre wheb the t-ial was resumed, to-
day. prepared TO work in the unwritten
law plea If possible.
How successful he will be is prob
lematical, but Justice Garretson Is on
record as saying that ne would not ad-
nit anything but insanity evidence and
suCh statements as were told the cap
tam which might affect his mental pro-
cesses-
Threat May Fail
Il this ruling ia adhered to, McIntyre's s
threat made TO-DAY that he would intro
duce names of persons and recitals OF
what he termed revolving doings" at
Fort Hamilton. is likely to fall flat
Mcintyre is much excited over the
success of the district attorney in re-
futing his insanity defense. and both he
and General Hains are making ugly
| charges Of a clique of army officers
who are unfriendly 10 General Hams,
and therefore to his son. They also
declare the fact that Captain Hams is
an Annapolis and not a West Point
graduate has had an effect on the feel
ing or the army officers toward him.
De Witt Called Officers.
As matter of fact, District Attorney
De Witt explained today. the army Of
f1cers who testified yesterday were or
dered to Flushing at his request, and
ne made that request through the regu-
lar army channels. starting it at the
War Department in Washington.
Before court resumed today Mcintyre
made public number of letters which
he declared were written by Mrs.
Claudia Hams to the captain while he
was in the Philippines, and which init
mated that she had been a participant
in certain lively entertainments about
the fort. The contents Of all OF these
letters were published at tn time Nc
Intyre first took the case.
Convict Will Testify.
District Attorney De Witt expects tc
| produce as a witness a man named
| Sheridan. now serving a term in Sins
Sing prison on a charge of assault
| Sheridan occupied a cell adjoining Cap
| tain Hams in Queens county jail, and
he win testify Gs to his nationality.
| DR.. H. A Houghton. the ambulance
surgeon who attended Annis on the
| float, resumed the stand this morning
under cross-examination. After a feu
unimportant questions he was excused
and Edwin Andrews, jr, was recalled
Andrews testified that the conduct ot
| Captain Hams on the float at the tins
Of the killing was rational He wal
followed by Morrill, Il. Downs, who SAID
| the captain was rational at that time.
Charles II. Roberts and Police Detec
tive Eugene A FalIon, told of seeini
| Captain Hams after the killing, an,
| that ne appeared perfectly rational
| Assistant District Attorney Hethering
| ton began at IL 80 reading the s,000-wor,
| hypothetical question to DIT. Charles @
| Brink, alienist for the State
| DR.. Brink, when asked what men
| tai alment Hams was suffering from
| at the time of the killing, said:
| "a simple emotional outbreak"
! DIR. Brink was under cross-examina a
ton when court adjourned