New-York tribune., 1909-01-06
T. J. HAMS UNDER FIRE
D4RRIN EX4MINES HIN.
Defendant Shouts Il Has Meier 80
Tired an My LITER

every effort was made trip him up IN his pre-
vious testimony and at the end Of the day ne
left the stand a tired and weary man. who must
still face the ordeal to-day.
Under sharp cross-examinaton ny the states
attorney the prisoners iaunty manner Of the pre-
vious day quickly disappeared, and several times
he admitted that he could not remember the minor
details of the same testimony he had given on
Monday. Once. in a plaintive voice the detendant
said:
life. I have been five months in prison ana i m
out
New lights were thrown the alleged relation
ships of Annis and Mrs Claudia Hams, when the
defendant declared that several years ago. in
Marblehead. Mass. he became aware that Annis
and Mrs. Hams had stayed the same hotel
Questioned by Justice Crane Thornton Hams said
he never spoke of the relations between Mrs
Hains and Annis TO Captain Hains. and had re-
manned silent the matter until last spring.
District Attorney Darrin's method of cross-eZ-
animation calculated give the witness
every opportunity choose his and rarely
did the prosecutor show any traces Of heat or
anger. though Thornton Hains contradcted him
self several times. John F. Mcintyre completed
his direct examination within ten minutes after
court opened.
Mr.. Mcintyre asked the outset whether the
defendant had pointed his revolver various per
sons. naming them. Thornton Hams repeated his
statement Of the previous day. that he had aimed
mis- pistol only at Mr.. Roberts.
Was there any excitement the hoat?
Yes, the widest kind of excitement
did you write n letter Peter while he was in
the Philippines"
Yes, sir. many Of them
Now. tell me-" said Mir. Darrn. what your
brother said when he burst into your bedroom
Thornton Hains began to repeat the gestures he
made Monday. when Mr.. Darrin shouted:
ALL GESTURES ELIMINATED
stop, do not want any gestures when l ask
you what said
The Court admonished the defendant TO eliminate
Illustration by gesticulation during cross-eXamna-
tion, when II was requested. This ruling
seemed place the prisoner at a disadvantage
The witness related several things said by Cap
tain Hams that had slipped his memory the day
before.
so you remember better to-day than you did
yesterday" asked Mr.. DarrIn-
'Oh. yes frankly admitted the witness Il am
fresher to-day. have had rest and have thought
the matter"
The witness was asked three times whether let
ters had been shown TO Mr.. Bennett lawyer. in
the defendants presence. He denied it each time
Why did YOU not waken your brother until 10
O'Clock the Monday following the alleged confes-
sion" asked Mr. Darrn.
Because I reread the Dear Billy letter" said
Thornton.
What was your reason for that" asked the
prosecutor.
Why, the letter said. Dear Billy Don come
down Monday morning Not having received the
letter. supposed Annis would he there, and
didn't want Peter to meet Kim"
Please tell the jury why you didn't wish thom to
meet"
Because I considered my brother to he mad and
I didn't know what might happen. There was no
conversation between Peter and myself ON ;he trip
10 his house. We paused. the general and Peter
and I, before entering 5he house
WANTED TO BE KILLED.
Why did you pause"
BECAUSE ! saw through \ window Claudia lying
drunk and disrohed Il divau. : said % General
Hams Get Peter away from here soon pos
sihe' had seen her intoxicated only on ono or two
rravious occasions That was several years ago. II
was about II o'clock in tho morning. entered the
Rouse. She was moaning, oh some one Kill mo /
nay. ruined my home and diseraced my children
7 covered hec with rug. do not kno" whether
my brother saw her ihus. / did what I could to
have him taken hastily away. I went for doctor
Il suggested the lawyer said the defendant
in reply question, that Mrs Hams he per
Initted 70 get iv5rce. The easiest way would he
the way said -fy brother said nothing to
me upon that natter
DO you remember that Mr. Bennett went TO
Fort Hamilton a night or two later, and that Cap
tain Hams had his wife come down and sign away
her insurance. policies his life:'
NO. sir. I have such recollection. recollect
Mr. Bennett there only the night Claudia's mother
came to take her away. He did not sit down. and
no papers were signed that know. Captain Hams
never spoke to me about insurance"
DARRIN TRIPS WITNESS.
Not until Mr.. Darrin had been probing the wit
ness for more htan two hours did he succeed
In getting him to cort; adCt his direct tcsti-
mony. The prosecutor reached the point in the
defendants direct testimony where he told of Cap
tain Hains and he seeing Anns at Broadway and
34th street The witness was positive his brother
had not said anything. but pressed by Mr.. Darrn
hat sal bo
goesl There he goes, That's him.
Was your memory better yesterday than it is
to-day?" asked Mr.. Darrin.
Now. ] don't remember every little detail that
happened IN August. You can't catch that
way" exclaimed the defendant.
Why you've had your memory refreshed by A
nights rest said the prosecutor.
Thornton Hams leaned forward in his chair and
shouted at the prosecutor:
I've had my memory unrefreshed by five
months in prison.!
You remember now that you yesterday testified
that Captain Hams sprang UP in the motor boat
and cursed when it crashed into the soldiers
boat?' asked Darrin.
Yes. But l did not recolIect that Cursing when
I came to this chair this morning You ask me
the reason? is probably because I tired
out 1t is impossible to recollect everything about
every incident. l doing my best tell you
the truth"
Did YOU remember better yesterday than to-
day."
oh l do not know. I told you yesterday as
best | recollected and to-day ! am doing the
same The two accounts may differ but / am do
ing the best l It would not be possible TO
make them the same"
TRIP TC REALTY COMPANY.
After the noon recess MI Darrin took up the
trip to the realty company at Bayside. The wit
ness could not remember why all the lots offered
to- him had been rejected except those next to the
Bayside Yacht Club.
DO you remember what you said on the stand
Yesterday" asked Mr.. Darrin.
..nInt entirely-, said the defendant NV mind