The sun., 1909-01-02
SAY ANNIS MENACED HAMS
AND MAINS ONCE TRIED no At
TACK ANNIS on BROADWAY.
Defence Gives Line on Prospective
Testimony intended To Show That r.
j. Hams Had Protected Annis From
HIS Brother PefOre the shooting.

IebllmOnN tntenueu 10 SNOW InAl II.
j. Hams Had Protected Annls From
HIS Brother PefOre the shooting
Soon after the Hams trial is resumed
on Monday morning I. Jenkins Hams,
the defendant, will take the stand in his
own behalf and will tell his version Of
the events Of August 10 at the Bay Side
Yacht Club and also will tell Of many
things which led up TO the killing OF
William +. Anns by his brother Capt.
Peter G. Hams, Jr.
One part Of the prisoners own testi-
mony which so far has not been revea led
and upon which the attorneys for the
defence place much Importance will be
his statement of two occasions on which
while in his company Capt. Hams met
Anns after the Captains hurried return
from the Philippines. One Of these acci-
dental meetings was at Thirty-third
street and Broadway about August 2,
some two weeks before the shooting
The second was four or five days later
and at a place not yet made public.
On both Of these occasions, Thornton
Hams will testify, the Captain appear red
seized with an uncomfortable impulse
to do bodily injury TO the man who he
believed had wrecked his home, and the
defendant was compelled to use all his
powers Of persuasion as well as physical
force to restrain his brother. The de-
fence, then, will maintain that there were
three such insane outbreaks on the part
Of the Captain, each brought on by the
sight OF Annis, the third resulting In
Annis's death.
The developments of the last few days
of the trial as well as this announcement
made yesterday by John +, Mcintyre,
chief counsel for the defence, reveal the
outline Of the defence which will be
offered on behalf Of Capt. Hams in case
District Attorney Frederick De Witt
decides to bring the other brother to trial,
The words "brainstorm" and --paranoia'
will not be used. and instead Of these will
come in -furore transitoria." Ii will be
contended by the defence that the Captain,
his mind broken by the revelations made
to him concerning his wife, was subject
TO these Jurors" at sight Of Annis-at
other times being nervous and perhaps
irrational but not dangerous.
Returning 20 Thornton Hains's de-
fence, IL will be maintained that. since
he had been present at the two earlier
attacks Of the sort he was apprehensive
OF third when at the yacht club he
learned that Annis was about end that the
two men, Annis and the Captain, wee
likely to meet. Thornton Hams there
fore. according to his own story, tried
TO get the Captain eway, and in support
OF this the defence has the testimony Of
one Of the prosecutions strongest wit
nesses, c. A. Birchield. that Thornton
hains said TO the Captain "Jesperson is
not here. Come on; let's 60 home"
While the Captains defence will be in
sanity, his lawyers are prepared to show
that he had reason 10 believe that his
own life was in danger. The defence
Annis on more than one occasion Rad
threatened the Captains life. and furthe'-
more that these threats were communi- !
cated 10 CFpt Hams. The defence may
also produce testimony TO show that /.
Annis continually went armed although /
Of course no attempt will be made 1
to show solf-defence as a motive for the /
killing. since Annis was in his bathing !
suit at the time, and besides this would |
not harmonic with the plea of insanity. !
This constant carrying Of a revolver by |
Annls had been going on even before the /
Captains divorce suit had been filed,
the defenoe's witnesses state.
Another development Of yesterday
was the discovery Of new witness by
1ht utANlNf. lUHH WllutbS may pItttut
Thornton Hams on the stand and will /
swear. IL is said that he was fishing near
the yacht club float at the time OF the .
killing of Annis and that the shots we're .
fired all in an instant without apprecablc .
pause between. This point upon which .
so much time has been spent in the trial.
is really OF the utmost Importance in the
case of Thornton Hams. as the rapidity
or slowness Of the shots 20 a large degree
or affrns the statements
made by witnesses for the prosecution
of the many things said and done by the
defendant while the shooting was in
progress
Two rulings Of Justice Crane have
nettled Mr.. Mcintyre and his associates
who are taking care Of the defendants
interests. The first of these was the eX-
'lusion OF testimony. chiefly offered by
he aged General and his wife, regarding
he insanity Of ancestors. The defence's
awyers also believe that the Captains
lwn statement, made TO several persons.
hat he had been without sleep for several
tays-while crossing the continent and
also after his arrival in tine East should
De competent as bearing upon his mental
condition.
As result Of Justice Cranes inst7Ic-
ions TO District Attorney Darrin 20 con-
inue the prosecution Of the case the first
lay OF the new year saw no change in
he attorneys on that side Of the lawyers
able. Mr.. Darrin spent much Of the day
urning over TO his successor. Mr.. De Witt,
he other work OF the office. Mr.. Darrin
will continue to cross-examine the de-
enCes witnesses. il is understood, and
he summing w Tor the People will be done
" Elmer :. White, the special counsel.
The remaining witnesses for the defence,
including the prisoner himself, will take
couple more days, IL is thought. Then
Vill come the defence's experts. to whom
will he put a long Hypothetical question
egarding Capt Hainss mental condi-
ion. John +. Mcintyre yesterday ex-
'ressed the hope that the case would 60
o the jury by Thursday night
HiRGE DOCTORS WITH FRiCD.
Witnesses Say They We're Threatened
Win Near Death.