New-York tribune., 1909-01-05
7. J. HAMS TESTIFIES
CONTR4DIcTS MRS. ANNIS.
Defendant Giues Details of Shooting
at Yacht CIub.

Thornton J. FIains who s trial for his life IN
the Supreme Court, Flushing. took the s'aho
Yesterday afternoon in HIS own defence he tesN4
fed fer more than sour hours. reiatihg wiz , =
wealth Of detail the story OF the shootins OF VIZ
sau1 z Annis and Of the conjugai trounles OF ~oP
,.s, Peter & Hams sr Carefully answering the
questions of his lawyer. John F. Mcintyre ne ~ se
step by step the causes which. counsei asseI ~
led 10 the mental unbalsncing OF the army o11 ~
Thornton Hains never once lost his cohposuAe
and s,e his story :rl snappy. crisp sentences that
were ready the his counsel had coinpie'eu
his question. Some Of his testimony was given
with dramatic infection ef voice and Iacaal eAPi
sion. ..o
II had been testified that said he had come
down 10 protect his brother" inferring that ne
had gone 10 Bayside August Is expressly ior
that purpose
-rvhat I said the defendant swore. was.
.uu,red down TO protect my brother. meaning mat
Jumped from the dock TO the float
district Attorney Darrin made strenuous effort
On several occasions 10 have excluded what the de-
fendant thought or intended. but Justice Crane
ruled that be had the right TO explain his process
OF mind and Il was allowed to stand
The defendant declared that when he went TO
Bavside TO look real estate on August Is he had
no idea that his brother armed and that he did
not know that Annis was at the yacht club. He
told sre fury that al the shots had been fred by
Captain Hams before rushed TO the float TO pro-
tect his brother from John Tonning, the boat
man. and the club members, who, he said, he
thought. would harm she captain
Thornton Hains fatty contTadicted the testimony
OF Nrs- Annis that he pointed revolver at her
The defendant stated that he had no idea how
many shots CAPTAIN Hams had fired. and when
Charles Roberts. a club member. picked the re-
volver I'D and the n1uzzle Of the weapon pointed
him he drew his own gun and told Roberts not 10
shoot
ADMISSION PLEAsBs DEFENCE
what the defence regarded q strong point
IN sts favor when the prosecution let in the
charges made by Mrs. Peter c. Hams. jr-. against
her husband IN her answer 70 his divorce suit
The answer was read to Captain Hains on August
u or three days before he killed Annis- The de-
fence thinks this IS valuable point in establish
ing Captain Eains's insanity The prosecution
asked General Hams about the charges He was
the first witness. his cross-examination extending
from the previous dag. After General Hams
had left the Mr. Mcintyre called the prisoner
The defendant arose and went 10 the witness
chair. while the spectators craned their necs. He
gave his age as forty-two years. and said he had
married Mary Jones in September. 1895, and that
she died in 1906. when his daughter was born
i educated" said he in public and private
schools by tutor and IN the Columbian University.
In Washington That is all the academic education
: have received The rest picked up myself /
built a breakwater Portsmouth ! went 10 sea in
1873 I licensed navigator, and have been
captain OF 1ine vessels and OF several others
I have been known as Captain 7. jenkins Hams,
not as Thornton J. Hans: that is my private name
] have written aboIt a dozen books and have con-
trfbuted most Of the magazines in this country,
stories for the most part have seen but little
Of either of my brothers since manhood, because
they were in'the army and Twas sailor"
II take il you loved your brother Peter?" asked
adr. Mcintyre ...- ..--
I do" said the witness. before MI Darrin's
quick objection could be interposed-
Asked what happened May 81. he said:
i was awakened by crash at my bedroom
door. Il vas smashed in. My brother burst in and
said with hands up in the air: i apologize! 1
broke your door. Claudia has confessed all
7 started 10 speak him. but ne said: Don't
syrnrathize with me- Help me, something me-
MY brother walked about the room for half an
hour. holding his head with both hands
MET FATHER AT FORT.
we went TO the fort and met my father 1 took
Peter down TO the Battery. he would sit down,
and ] tried get him 10 tell what Claudia had
hlrn. He kept repeating that Claudia had SAID
she had had child by Annis
The witness then told Of examination OF Cap
tain Eains the fort by a Dr.. Wilson. He said he
felt his pulse" looked in his eyes and gave
him prescription bromide of potassium The
witness was not permitted give what the doctor
said. There long battle between Mr. Darrin
and Mr.. Mcintyre TO the competency of the wit
ness tell what the prescription contained After
much WrangliRg Thornton Hams was permitted to
testify that he gave the medicine to his brother
He said he took the witness 10 his house Ine eX-
animation continued:
him to your mouse: Al took min to, my house
between and S.5v O'Clock on Sunday night
Q.-At whose request: A.-At the request OF my
EzIher, General Hams, and also OF Mr.. Bennett
Q--llid anything happen at the captain s mouse
before ycu took hIm your home that night, and
81 SO. Esill you just what did happen! A
Before > o'clock General Fains asked me II
could get a lawyer, mat Claudia Halns had con-
Q~what was said and done by the captain then
on that OCCASION A--Well. the captain said; l
can't think; l can't think. 1 can't 90 anything; l
can't think 1 tired cut He sat down on
thfnk / am tired out"
O-After thar was done will you tell the jury
what occurred after that? A--Nell. MT. Bennett
came. =, -.
Q-Do not say anything that Bennett said. but
simply state the fact that he came Ale came
give got that iE. Now, what occurred
A.-SOIne time after he came about
an hour after he came, We an went in the house;
hat IS Bennett. General HainS, captain
Hams and myself We went in the car; Genera.
Hams took the lamp from the table and went
upstairs He came back about two or three MN
15fes later with Mrs Hains-Mrs. Claudia Hams
rri,e the lamp back on the taDle-it
-rae he only hight had-ana General Hams
sssn1aiD FIains and myself sat aroUad the table
erG MI bennett sat the side toward the win
rzr1r ~ the room. a little back from the table
about as far ] from that desk tpoiniingl
Mrs Claudia Hans sat on the piano stool 1ust
inside the door, about five or SIX feet, shoulu