Evening star., 1909-05-04
MOTHER MAY TESTIFY
Mrs. Virginia Hains Proceeds
to Flushing, L. |.
REPORTED IN POOR HEALTH
Efforts to Prove Irrational Acts by
Defendant.
FALL DOWN HATCHWAY IN 1882
Conduct Peculiar" While in the
Philippines-Testimony as to
Cause Of Bayside Visit.

FLUSHING, N Y, May Mrs. Vir-
ginia Hams, mother of Capt Peter c.
Hams, jr.. came to Flushing today to be
at hand If called to testify in her SON s
behalf at Capt. Hams trial before Judge
Garretson in the supreme court here for
the killing OF William e. Annis. 1t was
originally the intention Of the attorneys
for the defense to summon Mrs. Hains as
their last witness, but her feeble health
led to change in the plans, and 1t was
expected that she would be called today
to preclude any possibility OF her not
being able to give her testimony.
Effort to show that Capt. Hams had at
mis- acted irrationally was continued by
sion. DR.. Hugh A. Rodden. formerly con-
nected with the observation ward OF the
Queens County Hospital. the first wit
ness called, said that while attending the
daughter of Thornton Hains, the defend
ants brother. he observed the conduct of
Capt. Hams at his brothers home July 4.
1908, and considered the captains manner
and speech at that time irrational.
Fall Down q Hatchway.
Thomas w. West, a coiored employe OF
the government at Washington, testified
that in 1882 he was steward on the light
house tender Pharos. He said Capt.
Hains, when nine years old, was on the
Pharos with his parents, and one day the
witness saw him fall down q hatchWay
fifteen feet to the deck below and strike
on his head. The boy was rendered un-
conscious for q long time, the witness
said.
AS West was leaving the courtroom h,
stopped In the aisle and looked search
ingly at Capt Hams until a court office
took the witness by the arm and urget
him to leave court.
The defendants counsel were tOda!
preparing the hypothetical question whicl
will be submitted to the alienists ol
Hams mental condition at the time Of tn
shooting.
Mr Mcintyre said the question woul,
contain 10000 words.
Peculiar" in the Philippines.
Lieut.. Commander John II. Rowen o
the navy testified that he saw Capt
Hams in the Philippines during the latte
part of March. 1908, when the defendan
was a Quartermaster aboard the transpor
Crook, and noticed that the captain wa
Hams at the Army and Navy Club a
Manila on one occasion when the cap
tain's conversation impressed him as ''pe
culiar' and IRRATIONAL
Emil e. Hess. an automobile salesman
who formerly had garage in Brooklyn
testified that Capt. Hams was at hi
garage in June last and asked Hes.
what he knew about Mrs. Hains ant
Annis.
Early Morning Call at Garage.
The witness said he told the captain
that Mrs Hams had called up the garag'
one morning at o'clock and asked hin
to come to 18th street and 4th avenue
Brooklyn, with her car. He found he
there with Annis, took them back to tn,
garage and offered to take Mrs. Hams t.
her home at Fort Hamilton. Mrs. Hahn!
Is alleged to have said:
You don't think / am fool enough Il
go home at this hour in the morning. d.
your and she and Annis left the garag
together, the witness said.
Hess said he told Capt. Hams that An
garage in the Hams car on three diff
ferent occasions. The captain acted ir
nationally while he was relating thes,
things to him. the witness said.
Visit to Bayside, L. I.
Henry T. Jesperson. the real estat,
man for whom Thornton Hams testified
he was searching at the Bayside Yach
Club Saturday. August Is, the day Ami.
was shot. next testified He said tina
Thornton Hams in April. 1905, had talke'
with him about some property LOCATED
one mile from the Bayside' Yacht Club
JeSpersOn told Thornton that Saturda,
afternoon or Sunday was a gooo tim'
to find him at the Bayside Yacht Club
and he would show him the property i
he would come out. Thornton promise(
to come
James Sley, a builder Of Bay Ridge
testified that he saw Capt. Hains in June
1908, at Thornton Hams home at Ba.
Ridge. Thornton HaiMs talked abou
building a bungalow at Bayside. L. 1.
and the captain was present during tn,
conversation. The captain seemed yer,
nervous and excited.
Nervous System Unbalanced.
DR.. Clarence N. Platt, attending ply.
sician at the Queens county Jail, testi.
fed that he examined the defendan
shortly after his arrest and found hi.
physical condition poor and his ner.
vous system greatly unbalanced. H,
could get no satisfactory response t.
his questions. All the captain would
say was I don't remember" the wit.
ness said. Asked how he slept on,
night. the captain replied: L slept al
right, after Annis left
".Annis was here quite a while anG
kept me awake the captain contin.
ued. said the witness.
Don't you know that Annis is dead
asked the captain. At that the prisoner
suddenly jumped from his cot, threat
ened and shouted, You lie. you lie" :
said DR.. Platt
Long Periods Of Depression.
The defendant suffered from long pc
riods of depression, during which he
would speak to no one. DIR. Platt added
Il visited him on another occasion
when he started up and said to me, !
want to get out of here and report to
Col Harris or 1 will be court-martialed.' >
AS a result of his diagnosis made in
the Jail, DIR. Platt said he was of the
opinion that the defendant was then /suf-
fering from a form of insanity known as
''maniacal depression"
Recess was then taken.
No Liquor for Colorado Clubs.