Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-05-11
80 - - - 49, y,
PLEAS IN HAMS TRIAL.
Continued from Page one.)


c. Hams. Jr. Except for few mo-
ments when his lawyer forcefully took
hold of aim and asked the jury to study
him as the living evidence Of an in
sane man, Capt. Hams displayed no
emotion or interest in the proceedings.
When grasped by the lawyer, he turned
toward Mr.. Mcintyre with q vague look
| of surprise and resentment on his face
and moved uneasily in his chair. But
he quickly lapsed into his former list
less attitude.
While Mr.. McIntyre's address was
primarily an argument to show the
| insanity of his client, he seized every
opportunity to emphasize the dramatic
and the pathetic and to hint at times
at the "Unwritten law" One of his
melodramatic declarations was that
Annis met death by an act of God. y
All references to the "Unwritten law"
were promptly objected to by the prose-
cution and the objections were sus-
tanned by the court.
With the close of the defences plea
and the beginning of the summing up
| by the prosecution in the afternoon the
court room scene changed. Then ii was
the prisoners mother and father with
drew and Mrs. Helen Annis, in deep
mourning. appeared with her mother
and sister. They remained in court
while Mr. Gregg was speaking, the CEN
ter of interest. s.,.-
The former district attorney bitterly
denounced the defence of insanity, de-
claring that it was conceived and man.
ufactured by the defendants lawyers
as a last resort. He asked the Jurors
to discard the testimony of the experts
on both sides, and to decide for them
selves on the strength Of the lay tes-
timony. Instead Of being IAN act OF
God" he branded the shooting as Il
"Cowardly murder, committed with de-
liberation and generalization"
Flushing, N. Y, May 1O-When
court opened today John F. Mcintyre,
chief counsel for Captain Peter C.
Hams, Jr, on trial for killing William
E. Annis, began his final plea to the
jury for his client. In opening his plea
Mr.. Mcintyre said
1T was the act of God that directed
Captain Hams hand when he took the
life of the man who ruined his home
defendant was Accidentally: there was
no intention to kill"
Taking up the question of Captain
Hams sanity Mr. Mcintyre said: THE
burden is now upon the people to con-
vince you beyond reasonable doubt
that he was sane. The law does not
require us to convince you beyond a
reasonable doubt that he was insane.
The state intends to show that he
was in normal state Of mind by
few curSOry observations distracted
from a mass of matter. Even though
his actions may have seemed rational
at times. medical science shows that
insane people often speak and act ra-
tionally
Was it a mental shock sufficient to
unhalance his mind. when this unfor-
tunate man learned OF his wife's inf
deity from her own lips? 1t was then
that melanchOlia seated herself by the
throne of reason and afterward tainted
and tortured hts brain, accelerated his
mind and altered the emotions of his
heart
Mr.. Mcintyre criticized the states
hypothetical question and declared
that the speech and conduct of the de-
PENDANT as therein related was taken
from unimportant incidents, which
might have occurred to any man, sane
or insane.
II do not deny that this man had
lucid intervals and rational moments
when he talked and acted like nor
NAL man-many insane persons have
such periods of nationality" said Mr.
Mcintyre.
There was an affecting scene when
The defendants mother came into court
just before the proceedings began. She
walked to where Captain Hams was
sitting and caught him in her arms.
The prisoner half arose from his chair,
and mother and son embraced until she
was led away by Major Hams, her
other son.
The defendants mother sobbed quiet
~ during most Of Mr. McIntyre's sum-
ming uD. General Hams and his son,
Major Hams, frequently spoke COM
forting words to her Mr.. Mcintyre
finished his address at $40 P. NJ
In his plea to the jury. Mr.. Mcintyre
said:
We are about to place this defend.
ants life in your hands. / ask you to
acquit him on all the facts in this
case; to let him go in the interests of
all justice. and not to strip from him
the uniform of an American soldier
and substitute the stripes of a felon.
l ask you to let him go back to his
old father and mother, to look upon
his children again. not as a convict,
but as free man. l ask you, in the
name Of the love that you bear your
own to let him 60"
Mr.. Mcintyre had spoken three
hours and fOrty-five, minutes. Mrs. |
Hams, with the tears running down
her cheeks. was escorted from the |
court room by her husband, General !
Hams, and Majer Hams, her son. Mrs |
William f. Annis. her mother and her |
sister and Mrs. Birchfield, wife OF an |
important witness for the prosecution, |
came into court before Ex-District At
torney Gregg began Stunning up for the |
state
In opening his argument. Mr. Gregg
said that the prosecution was simply |