New-York tribune., 1909-01-08
HAMS JUROR TALKED?
NAY CAUSE 4 MTSTRI4L.
Darrin DiScredits StOry-Thornton
Hams Ends His Testimony.

conductor The language credited 10 him would
certainly cause A mistrial. said Mr.. Mcintyre Il
the rumor true. A juror was reported TO nave
teen asked by q conductor what he thought OF the
case He was said TO have asked IL the conductor
q married Assured that he was. the
Juror IS reported 10 have replied that he was too'
and that did believe that any man had q
right kin another An investigation Is being
made OF the r1rnor Mr.. DarrIn takes no stock
whatever in the report and would not discuss it.
Yesterday was partly given over TO expert test-
rnony. the defendant having finished his testimony
a noon ON cross-examination Hams character
ized his words TO Mr. Stevens Then Il is evident
you are American" mere casual
remark Nr. Darrin dwelt for some time upon the
matter
What else was said:" asked Mr.. Darrin.
Well J asked for wafer, and MI Storm
saia ! might jump overheard, there was plenty
Of water in the bay. didn't say any more at that
time. I thought I had talked enough. When the
officer came Roberts said was equally guilty with
my brother. ] had aimed gun at him. told
Officer Bake' / had not aimed my gun at Roberts
until after he had picked my brothers gun
and aimed II at
Mr.. Darrin's display Of some letters and the re-
Quest that the defendant state Il they in Cap
tain Hains's handwriting wtre vigorously objected
ny Mr. Mcintyre
Why" asked Justice Crane. IN an astonished
tone. 1t seems perfectly competent as bearing
upon his state OF mind
The defendant said he couldn't recognize the
writing as that Of Peter c. Hains. and expressed
tf-.a belief that his brother had written Il.
When letter dated January S. 1905 shown
10 Hains for him 10 identify the signature Thorn
resd into The body letter until Mr.. Oar
rin had 10 take IT from him almost forcibly- The
witness said he did not writing IN such
letter any reference 10 Mr.. Annis
Mr Darrin abruptly closed his cross-eyamination
al lfI5. The fire Of questions from the prosecutor
had lasted Just one hour over two days
Mr.. Mcintyre redirect examination. asked why
Thornton had told Peter Of the Marblehead in-
cideut where Claudia Hains and Annis had gone
hotel He replied: Why, I wouldn't tell
such a thing without definite proof-a man who
loved his wife and child"
Who is the Charles II. Libby whom Mr. Dar~
rim referred to:' asked MIR. Mcintyre.
He is the father OF Mrs Claudia Hains,' said
Thornton Mr. Libby is one of the peoples wit
for rebuttal. who is expected testify that
the defendant told him he would get" Annis.
Tell the jury why you did not ask Peter c.
Hams where and when he got the gun said Mr..
Mcintyre.
COULDN'T CONVERSE WITH BROTHER.
First. because I didn't think while the
hoat; and second. because my brother in
state 70 be questioned We were in separate cells
In jail and received instructions from the doctors
not question him about anything whatsoever.
Anyway. it was not possible TO converse with him
because Of his state Of mind"
After MI Mcintyre had examined the defendant
for half an hour the witness was again turned
10 the prosecutor. who reverted 10 Thornton's
failure 10 tell Captain Hams what he knew and
what he suspected regarding the Marblehead in
cident. Why asked Darrin.
Because I merely suspected THAI there had been
improper relations between Claudia and Annis and
would not have been justified in breaking up
Peters home a suspicion, said the defendant.
You were kept apart in jail Tor time
Yes sir for a long time and then they thought
he would die if We were not together, and l was
put back il his corridor. He wouldn't eat without
ne We were separated perhaps d month and a
half"
Since october, when you were placed in his cor
ridor. have you had constant opportunity TO talk
with Peter"
NO sir. We are permitted in the corridor only
at certain times
Did you ask him where he got this gum" asked
Mr. Darrin showing the weapon used by Captain
Hams August 10.
NO nor did I ask him where he got his uni
form
Now answer fairly" admonished Justice Crane.
Answer fairly il you do wish me to be
severe
Mr.. Darrin finished with the witness at u o'clock
when the defendant evidently greatly relieved re-
sunaed his beside his counsel
: long technical dispute followed the appearance
on the stand Of DR.. Clarence y. Platt OF Astoria
known the 5an physician The Court ordered
ar unusually long noon recess 10 give the defend
ants lawyers an opportunity to produce precedents
upon which 70 base plea 10 take the doctors
tlmonv regarding Captain Hains's mental condition.
Nr. Mcintyre offered 10 waive the question OF
privilege for Captain Hams, who is Of his
clients But that was not acceptable.
1T may strange IN this case" said Justice
Crane, TO protect the third party, who is not IN
court but IL it is the law do see how it
be avoided
Or Platt would be permitted the Court finally
ruled. 10 relate what he saw, but nothing growing
out Of the examination OF the captain.
Three days after the shooting Captain Hams ap-
peared pale, thin. weak and ansenic" said DR.
Platt- He locked continually at the floor. The
physician was not permitted 10 testify 10 what
Captain Hains said.
''on September 10 Captain Hams jumped out OF
his bed and threatened me with personal violence.
His condition appeared about the same until Sep
tenlber Is. when he seemed brighter
Did Captain Hams appear to be rnanlacal?"
asked Mr. Young. But the Court ruled against the
question When cross-examined by Mr Darrin DR..
Istt seemed to surprise the prosecutor by respond
ing that he, Mr. Darrin, had requested him to visit
Captain Hains in the jail
There was the usual long enumeration by the
defence's alienist, DR.. = Samuel Manson, Of No
6ls Madison avenue, when he took the witness
chair 10 qualify a. expert Dr. Manson de-
scr7bed his introduction to Captain Hams Sep
tenber by Mr. Mcintyre. Captain Hams did
not notice my hand when l offered il, nor did ho
reply when l asked how he was" said the witness
Then took hold OF him AID shook him up and
asked again how he was, and he replied very
slowly. Very We'll
The witness related 6 test which he considered
conclusive proof that Captain Peter e. Hams was
not shamming insanity.
Il turned back upon him said DR. Msnson
and said to some one else within his hearing but
II I we're seeking TO keep it from him. If he
really is insane he will stagSer walk like A
drunken when ne walks And then l turned
him and asked him walk. He paid no heed
We tried &c induce him walk. and finally got
him his feet. The few steps he took were en-
ss-aI frar