Evening star., 1909-04-29

his father died from ''seniie'' insanity
Mr.. Mclntrye excused the witness.
Insane Last September.
Dr. L. Samuel Manson, an alienist. who
next testified. described an examination
OF Capt. Hams which he made in the
Queens county Jail September 5 last.
II found him sitting on his chair star
Ing into vacancy" the doctor said.
When I spoke to him he made no re.
sponse. I put my hand on his shoulder
and said loudly, How do you feel?' and
still there was no response. put hlm
through several tests, and there was no
response
At several subsequent visits TO the Jail
the witness said he found the prisoners
mental and physical condition very bad.
DR.. Manson said that I'm his opinion the
captain was insane in September, 1913,
but could not tell definitely how long tho
captain had been suffering from insanity
prior to that time. The witness was then
excused.
Gen. Hams was then recalled and asked
again to tell what happened in his talk
with Capt. Hams after the captain had
obtained his wife's alleged confession.
A long argument ensued between coun-
sci on objection by District Attorney -
Witt on the ground that no evideEc. W
been presented. Justice Garretson sad
that ii the lawyers for the defense had
any evidence of hereditary insanity they
should present ii forthwith.
The court sustained the district attor.
neys objection.
Case Of Prosecution Closed.
The case Of the prosecution was
speedily closed yesterday afternoon.
The facts of the shooting at the Bay
side Yacht Club on August 10 were
quickly established.
To the astonishment OF the lawyers
for the defense. District Attorney De
Witt did not make the contention hat
Hams went to the Yach Club with the
premeditated intention of killing An
mis-.
The case for the people was COM
ple;ed shortly after o'clock. John r.
Mcintyre. chief counsel for the defense.
made a studied effort in his cross-ex-
animation Of the states witnesses 10
get from them something that would
tend TO show that at the time of the
shooting Capt Hams looked and act
ed as il he were not rational man.
but all of his efforts were in vain. None
of the witnesses cross-examined
thought his appearance or conduct
would warrant any such assumption.
Opening of the Defense.
Eugene N. L. Young. one of Mr.. Nc
Intyre's associates. made the opening
plea in behalf of the defense. Many
of those in the courtroom were in tears
as the lawyer pleaded for justice 10
the prisoner and detailed the events
Of his life leading up to the tragedy.
Hams himself, who has stolidly seemed
to ignore all that was going on about
| him. finally broke down completely.
This man is accused OF the most
| heinous crime known to our laws" said
Mr. Young in opening. If ne Is found
guilty there Is but one penalty-death.
L ---Srr kl t~
that will fully prove his innocence. 1t
will be shown that from May 81 to Aug
ust 10 this defendant was iaboring un-
der a mental unbalance and was not re-
sponsible for his actions.
Under the defense OF insanity We
will prove by this unfortunate mans
mother. Virginia Hains. daughter of
Admiral Jenkins. and his father. Gen
Peter c. Hams. that he, their youngest.
was the delicate child of the family.
weak. nervous and excitable durin :
childhood, subject to nightmare ana
| sleeplessness.
Mother to Testify.
infancy he would awake from the ter
rors Of his nightly dreams. screaming
and trembling; how. as a child. he was
different from other children"
The lawyer then detailed the life OF
the defendant up to and following his
marriage to Claudia Libbey Of Boston.
He then went into their meeting with
Annis, and recited events that led TO
the return Of Capt. Hams from the
Philippines last May. He said that on
May 81 Mrs. Hams confessed to ner
husband that during the months of his;
service with the army in the Philip
pines her conduct with Annis had not
been proper
From that day on. said Mr.. Young.
| the defendants mind had beent unbal l.
anced. He averred that, pending the
outcome of the divorce suit he began.
Capt. Hams was placed under the per-
| sonal charge Of his brother, Thornton.
because he went into maniacal fits and
the family feared what might happen.