The Washington herald., 1909-05-08
CAPT. HAMS TRIAL
ENDS NEXT MONDAY
Case Will Be in Jury'S Hands
by Six O'Clock.
ALL THE TESTIMONY IS IN
AIienfst Creates Surprise by An
nOuncinE that He studied Case Of
When Capt. Hams Was Never Pres
ent-HypOtheticaI Question Read.

New York. Nay All OF the evidence
from which the jury in the Supreme
! Court at Flushing is TO determine upon
/ the guilt or innocence OF Capt. Peter c.
Hains. il. charged with the murder OF
William E. Annis, was before the court
before the adjournment this afternoon.
On Monday the summing up by John F
/ Mcintyre for the defense and District At
/ tOTney Dewitt viii consume four hours:
Judge Garretson viii charge the jury.
| and By o'clock, as It IS reckoned. the
/ jury VIII retire 10 consider its verdict.
To-day's session was a long one. Wit
neSses for the prosecution. called in re-
buttal Of the testimony tending to prove
the insanity Of the accused army captain
et the tine Of the shooting. occupied the
stand al day As an example of the
value Of expert testimony in an insanity
defense, the evidence offered by one Of
the alienists called by the state set a new
mark OF efficiency and credibnIty.
Dr. Abbott c. Combes. the proprietor
Of the COmbes Sanatorium. IN Elmhurst
was duly qualified as an expert in the
diseases OF the mind by District Attorney
/ Dewitt, and gave It as his opinion in his
/ direct testimony that Capt Hams was
sane al the time he shot Annis. He said
/ that he based his belief upon the facts
! set forth in the hypothetical question
prepared and put by tae prosecution and
/ upon personal observation Of the defend
ant.
when did YOU have the opportunity 10
make q personal observation of the de-
/ fendant IN this case?" was one Of the
I first questions in cross-examination put
/ by Mcintyre.
Says He Saw Him in Court.
During the time that the defendant
was in court on the occasion OF the last
trial" answered Dr. Combes.
You mean during the trial Of Thornton
Hains?'
Yes"
And all OF the opportunity you have
had 10 observe the defendant was during
the time that he was present at the trial
Of Thornton Bsisss?" Queried Mcintyre
without q trace Of guile The witness
| said that such was the case.
Now. doctor. would il surprise you
very much" continued Mcintyre. in his
/ siIkiest tones. to learn that Capt. Hams
was not in the court room at any time
/ during the trial Of bis brother Thornton %
! 1t would. said Mr. COmbes. and Nc
Inty-re did not press The subject further
Nevertheless. II stood on record that the
| observation Of the witness had been made
upon z man whom he had never seen al
the time he claimed to have done so.
Wus SOt in Court.
Capt Hams was not in court during the
trial Of nis brother. The Fiadest expla-
nation OF DR.. Combes testimony was
made later by Mcintyre himself. who said
privately that he believed that the states
alienist must have sat in court during
the former trial, bringing all Of his medi-
cal aid tests 10 bear on Thornton Hams.
Of whose sanity there never has been a
doubt
After the reading Of a hypothetical
question by the prosecution. which took
only fifteen minutes. DR.. Charles c.
Brink. OF New York. was the first Of the
States aIienists called. He testified that
in his opinion the defendant was sane
at the time Of the commission Of the
crime and capable OF Distinguishing be-
tween right and wrong.
Under cross-examination Dr. Brink said
that Capt Hams was suffering from an
emotional Outburst only when he shot
Annis He admitted that emotional ex-
( citement is symptom OF insanity. but
declared that standing alone 1t did in
olcate any form OF mania
Before the close Of the session Nc
lntyre promised Justice Garretson that
MS summing Up cn Monday would not
occupy more than three hours. De Witt
salo tnst ne would remain within the
same hiilits- The Instructions OF the jus
ice are not expected 10 occrpy more than
an hour.