Daily press. [volume] (Newport News, Va.) 1896-current, 1909-05-07
OFFICIALLY ORDERED 70 TESTIFY
Counsel For Defense Intimstes That
Col. Heistsnd. Who Ordered At
tendance ct Hostile Witnesses, Is an
Enemy Of HaIns Family-Fort Mon
roe officer Gives Evidence.
fRy Associated Press.l

FLU SffiNI, N J., Nay " Nv "
Tense had rested its case and the
prosecution was wen along in exam
lining witnesses in rebuttal when court
adjourned today in the Hams trial.
The rebutlal witnesses for the state
were principally army officers who
had been stationed al Fort Hamii-
ten aud Fort Hancock during June,
July and August. 1908 and had met
and talkd with CAPTAIN Mains al that
time. Their testimony tended to con-
trovert that of the army Witnesses fer
the defense in that they all said Cap
tain Hams spoke and acted RATIONAL
ly. short time before the shooting
on August Is last, when the defense
contends he was suffering from man
ic Oppressive insanity
Testimony Partially Discounted.
The weight of the army officers te3-
timony as to the nationality was part
ly counterbalanced by their admis-
sions under cross examination, that
Captain Hams had icted in a nervous
and excited manner and looked pale
and worried.
john F. Mcintyre. chief counsel FOR
she defense, created a. stir in court by
questioning the army Officers as 10
what military authorization they had
for appearing as witnesses against
Captain Hams. He brought out the
fact that Captain II. w. Torney. or
Fort Hancock, had an order signed
by Colonel Heistand adJutant general
of the department of the east. d.
recting him 10 appear at the trial.
Army Feeling Against Hsinses.
Mr.. Mcintyre endeavored to show
that other officers had received the
same orders from Cofonel Heistsnd
and asked Captain Torney If he did
not know that i'll feeling existed be-
tween the colonel and the Hams fam
lily.
Captain Torney was not permitted
to answer. but it was evident thate
the defendants counsel wished to
show that there was feeling against
Captain Hams in certain army circles.
Witness From Fort Monroe.
Lieutenant Malcolmn Peter Andrus,
Of Fort Monroe. Va. testified that he
had known Captain Hams since 1906
He saw Captain Hams the day after
he returned fromsthe Philippines and
talked with him and noticed moth
ing Irrational in his conduct.
Several days later the witness said,
Captain Hams came to him and told
him OF his wife's conduct. The wit
ness. went TO Captain HairS' quarters
and talked and sympathized with him
and promised to help him all he could.
The captain a-reared cool and ration
al at the time. the witness said.
The witness told Of ether times dur
ing June and July when he had net
and talked with Captain Hams and
the defendant had appeared entire
" rational.
Prisoner Pale ard Excited.
On cross-examination Mr.. Mcintyre
drew from Lieutenant Ardrrs the
statement that Captain Hams was
pale and excited and acted nervous
at the time he visited the witness
and spoke about bis wife's confes-
sion.
Gree while the xitEesS and his wife
were calling a. the Hams home At
FCrt Hamilton the witness said CsD
tain Hams abruptly said; Coed night
and followed IL 10 5v accompanying
him and his wife ~ the door.
Did Won think that was a civi.
and rational aci2- asked NJ. Mcintyre.
NJ exactly said the witness.
Tell the jury just ~iat CiaU5i1
Hains said - you abort her comics
sion sait Mr.. Mcintyre referring 70
a statement 70 this effect BY the VT
ness
Wife Would Own Up.
she told ne hat she had been de-
ccivinx Peter hong enough and vas
confcssing and going t. own NJ every
thing and give him god grounds Tor
q divorce said fac witness.
DR.. l.. I Samucl Manson. Arthur G.
Brush and 7. Pierce CLARK. the TITO
~ aiicnists for the dcfcnse. were dis
posed 81 az TIE morning sessior.
tcos;in5ed On Fsurb rs<sp