Evening star., 1909-05-01
District Attorney Conducts
Cross-Examination.
WITNESS VERY DRAMATIC
Interiects Comments in the Annis
Murder Trial.
TAKEN TO TASK BY COUNSEL
Other Brother Of Man Accused OF
the Killing Says Defendant.
Was Irrational.
Special Dispatch to The Star.

Special Dispatch to The Star
FLUSHING, L. l., May 1.-District At
torney De Witt today subjected Thorn
ton Jenkins Hams to a searching cross
examination. When the trial of Capt
Hams for the murder of William E.
Annis adjourned yesterday afternoon he
had only begun to cover the ground ne
had so carefully mapped out Mr.. De
Witt, who is young man, untrled In
big criminal case up to the time OF the
present trial, made very good impress
sion as cross-examiner.
Before Thornton Hams took the stand
this morning he was given a severe talk
ing to by John F. Mcintyre, chief coun-
sci for the defense. Thornton, who again
and again essayed the dramatic, and who
was again and again rebuked by Justice
Garretson for his manner of testifying,
incurred the displeasure even OF his own
attorneys. Mr.. Mcintyre told him this
morning that hereafter he must be more
careful in giving his testimony.
Taken to Task by Counsel.
Another thing that brought Thornton
admonition was his way of interjecting
his own comments and not combining him.
self to responsive answer to the ques-
tions. Mr.. Mcintyre demonstrated with
him this morning about it.
But l want to save my brothers life,"
he said.
That's all right" Mr.. Mcintyre re-
piled, but if you don't want to get into
bad favor with the court and have your
testimony stricken from the record you
had better do as l say.
Thornton was slightly angered by this,
but promised to do his best.
When Thornton took the stand today
his manner was rather subdued. His
but he had not lost his self possession
particle There was more testimony about
1.-The white and drawn face and CLASSY
eyes of the captain.
Bringing Out Discrepancies.
The witness denied that he had at any
time gone with his brother to secure for
him an extension of leave of absence.
The period covered by Mr.. Dewitt in
the confession"
Mr. De Wits questions were directed
for time to bringing out discrepancies
between Thornton's testimony In the trial
where he took the stand in behalf of him
self, and his testimony under direct eX-
animation in the present trial. None of
the discrepancies was of a material char
acter, and in every instance Thornton
calmly admitted that he was in error
when giving evidence for himself
MY testimony in this trial Is correct,
he said.
The familiar scene at the yacht club
dock was then pictured again in questions
and answers. save that Mr.. DE witt
studiously avoided. as Mr. Mcintyre had
questioning the witness about the actual
shooting BY so doing he kept from the
i,,r, might
about the captains alleged insane ac-
tions on the float.
Eventually Mr.. De Witt asked: when
you walked toward the dock OF the club
house were you armed?
Mr. Mcintyre promptly fnterpOsed an
objection which the court sustained, and
the district attorney announced that he
was through with the witness.
Maj. Hams q Witness.
Maj. John Hams, the other brother Of
the defendant, was then called. Up to
the time court adjourned for luncheon
Maj Hams did not contribute any evil
dence that was new to those who have
followed the case He told the story of
Capt Hams return from the Philippines
and immediate departure from San Fran
cisco east to find what was the matter
In his home Then followed accounts of
III WHICH the Hd.oT quoted
the captains account of Claudia Hams
alleged admissions of guilt. Maj Hains,
who gave his evidence In very careful.
reserved manner. was always at pains to
describe the outward effect of these con-
versations on Capt Hams. describing the
nervous manner. his inability
TO sleep and eat. and his frequent inco-
harent remarks about Annis.
His actions and speech. In my judg-
ment, were irrational" was the way
Mai. Hains characterized his brothers
demeanor at the period shortly antedat-
ing the shooting.
The majors evidence released many of
the most trying episodes in the captains
experience. and during the recital Capt.
Hams never blinked an eve lid. but sat
in his habitual position playing with his
hair. Adjournment was taken just after
Mai Hains had begun to describe the ac-
ton Of Colt As caliber revolver.