Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-01-11
OLMSTED TCHNRMAN A[[ EVIDENCE IS IN
Speaker Names Committee to Hams Fate Before Jury by
Probe Secret Service. Thursday.
SESSIONS BEGIN AT ONCE TWO DAYS TO SUM UP
Investigation Its Mcintyre for Defense Will Consume
Tomorrow
TO INCLUDE ALL INSPECTORS DARRIN WANTS WEDNESDAY
Is Rebuttal and
Merely Incidental. Is Taken
10 DAYS TO SUM UP
Mcintyre for Defense Will Consume
Tomorrow.
DARRIN WANTS WEDNESDAY
Several Witnesses Heard Today in
Rebuttal and Surrebuttal-Ad-
journment Is Taken.

Flu SH1NG. y. v. January ii--Hil t'o
evidence In the trial of Thornton Jeh-
kins Hams has been taken
The case is expected to go to the jury
by noon Thursday. after counsel for ooth
sides have summed up and Justice crane
has laid down the iaw i'm his charge
brief session of court was held this morn
ing. after which the state and defense
announced that there was no more evil
dence to be offered.
Adjournment was announced until to-
morrow morning to permit Thornton
Hams counsel to sum up their evidence
to prove that the defendant was not a
principal with his brother Capt. Peter c.
Hams. i'm the killing of William E. Annis.
John F. Mcintyre chief of defendants
counsel informed Justice Crane he would
take all day to present his case. Prose
cutOr Darrin said he would take all day
Wednesday to sum up
Wives of several Bayside Yacht Club
members testified today that they saw
Mrs. Wi'/am f. Annis on the float after
the first shot was fired.
DIR. Harris Houghton swore that after
he made an examination of Annis in
iuries. Capt. Hams said: .'Of course 1
did it: there is no doubt about it,
The state claims that this is a rational
statement. and is complete evidence that
Capt. Hams was sane at the time. and
Decides Brothers Defense.
Upon the verdict in Thornton Hains'
case depends the course to be taken
with Capt. Hams, now awaiting trial for
murder in Long Island City jail. Should
Thornton be found guilty. 1t Is generally
regarded here that a commission will be
asked for to determine the sanity Of the
army officer.
In the event of an acquittal for Thorn
ton the case of Capt. Hams will UNI
will be naniac-depressive insanity of
temporary character.
In the event of disagreement in the
trial of Thornton Hams. which has been
a heavy expense to Queens county, II Is
believed he will be admitted to ball and
the indictment filed away.
DR.. Harris Houghton, member OF the
Bayside Yacht Club. was called today by
he did not see James Tierney. the ash
collector. on the float, he swore he saw
nothing irrational in Capt. Hams appear
ance and manner.
DIR. HOughton said:
Il saw Capt. Hams standing by an up
turned boat. His face was tense, but
not drawn, and his voice calm In con-
versation.
there is no question about it. AS he
made the statement he dropped his hand
from his chin to his side
Leo Bugg, real estate dealer. recalled
said he never told the defendant he could
be found any Saturday at the Bayside
Yacht Club.
Andrew Delifyette, a waiter. called, said
he did not see John Tierney. the ash col
lector at the club. The witness caused a
laugh when he admitted that he told
the defendants counsel few weeks ago
that he took a vacation in his room for
half an hour after the shooting.
Frank Jasanak, Polish boy, whose tes-
timony was given through an interpreter.
said he knew John Tierney. but did not
see him at the yacht club the day of the
shooting.
Evidence Ruled Gut.
Mrs. Florence e. Hill, wife of Bayside
Yacht Club member, testified she was on
the dock before the shooting. and denied
the statement of Thornton Hams that he
nut his arm on his brothers shoulder and
Capt Hams threw him off.
Justice Crane ruled out much of Mrs.
Hills testimony, stating she should have
been called as a witness-in-chief.
Mrs. Lillian E Nesbit, wife OF another
club member. testified that she saw Mrs.
Annis run up the runway from the hoat
after the shooting. She did not see any
ash collector on the dock that afternoon
Mrs Margaret Rockwell, wife of an
other club member, swore:
Annis ran down the runway to the noat
and in the direction of her husband
boat She ran about five feet and stood
there while. and came up the runway
to the dock again.
Mrs. Rockwell was not permitted to say
anything about the defendant and his
brother Justice Crane ruling that IL
should have been adduced in evidence I'm
chief She told the court that she did
not see John Tierney on the dock.
did Mrs. Andrews say to you In the
last few days that she would not take
the stand and say she saw Mrs. Annis
on the float?
objection to the question was sustained.
Mrs Rockwell left the stand at ll:4j
O. clock Prosecutor Darrin announced
that the people would rest.
Thornton Hams and his counsel held
brief consultation. Justice Crane
asked if the defense had any rebuttal.
Mr.. Mcintyre called Gen. Peter c. Hams
to the stand.
| The general said that Thornton Hams
was on the high seas en- route Ia
Panama, on November FL 1905 the
date on which the revolver was pur-
chased. Mr.. Darrin said that the state
did not claim the defendant bought the
revolver.
Mr.. Mcintyre announced that the de
tense had closed its case. Counsel Tor
both sides stated to Justice Crane that
no more testimony would be offered
The request of Mr.. Mcintyre for an
adjournment until tomorrow in order that
he might prepare his closing address was
tod