Evening star., 1909-04-29


FLUSHING. N. T., April 29.-Gen. Peter
c. Hams, United States Army, retired
the aged father Of Capt. Peter c. Hams
jr, of the Coast Artillery, who is on trial
before Justice Garretson in the supreme
court here for the murder of William f.
Annis at the Bayside Yacht Club last
August, took the stand as the first wit
ness for the defense at the resumption OF
the trial today.
John F. Mcintyre, counsel for the de-
fendant, expected to occupy two or three
hours with the direct examination of the
general, taking him over many of the
early incidents In his sons life, to show
the captains irritable and nervous tenn
permanent as a child and his many IRA
tional acts previous to May. 1908, when
he first learned OF the alleged improper
conduct of his wife, Claudia, with An
mis-. The defense contends that his trou.
bles drove him into a state of total in
sanity, subject to violent manaical out
bursts, during one of which he shot down
the man who he believed had ruined his
home.
While his father was testifying the pris-
oner sat with his face toward the jury
and paid no attention to him.
Sufferer From Nervousness.
Gen. Hams testified that he discovered
at an early period of Capt. Hams life
that the boy was suffering from exces-
sive nervousness. He said the captain
graduated at the Naval Academy at An
napolis In 1893, but did not enter the ma
val service on account of defective eye
sight. He described the conduct Of Clau-
dia Hains toward her husband (the cap
tain) during their early marriage as that
Of "a loving wife, He said that they
were very happy until 1908. ,
During the Porto Rican campaign the
captain, then a lieutenant of artillery,
was member of his command, the gen.
from the sultry climate Of the island.
Describe your sons conduct at the
battle Of Guayama," Mr.. Mcintyre sug-
gested.
HE was always getting in my way on
the firing line the witness replied, and
when ! told him to get away he said l
had no right to wear that big white he'll
met on the firing line. Then / told him
l would have to put him in the ranks II
he did not stop bothering me-
Subject to Violent Nightmares.
Reverting to the earlier years of the
defendants life. the general said he
dicted and was subject to violent night
mares. He fell into the hatchway of
the steamer Pharos when he was twelve
years old. striking on his head. and
for long time afterward suffered from
nervous excitement and depressing
headaches. Slight noises always ex
cited the boy and made him turn pale,
the father said. and at four years of
age he suffered and stammered very
badly. This lasted for ten years. when
he finally recovered from the afiiction.
The general said that Capt. Hams
Fort Hamilton in 1907. He was less
so when at the post in 1902. During a
twO-month stay In Washington in
1908 the captain and wife seemed very
happy and contented. the witness said.
From Fort Monroe the captain came
to New York. and was detailed to the
Army building, later going to Fort
Hamilton.
Gen. Hams said the conduct of the
captain and his wife toward each other
prior to September Z, 1907. was loving
and exemplary.
More Than Indiscreet.
In September. 1907. the captain was de-
tailed to the transport service between
San Francisco and the Philippines. the
general said. He was away for seven
months. and returned IN May. 1908. The
general met his son at the Hotel Astor,
New York city. May 80. he said.
Il asked him what had brought him
from the west" said the witness. land he
showed ma package of letters. and said
he was greatly troubled. He had heard
reports from Claudia. his wife. but did
not believe them, he said. She may have
been indiscreet,' the captain said" con-
tinued the witness. land told him she
had been unfaithful. My God you don't
think that?' exclaimed the captain. He
asked me If believed the reports, and l
told him she had been away for week.
and nobody. noteeven the servants, knew
where she was. and when she returned
she was in bed a week. The captain
censured me for not letting him know
about these things, and said he wanted
me to help him investigate and settle 1t.
We can go to the country where CLAUDIA
said she had been and find out II it was
true the captain said"
Captain Greatly Excited.
The general said his son was greatly
excited at that time. but would not say
his condition was irrational. The fol-
lowing day. when the general met him.
he appeared very nervous and looked
haggard. the witness said. 'He told me
she had confessed everything" said the
general.
District Attorney Dewitt objected to
the examination og Gen. Ha. ms in re-
gard to the alleged infidelity OF the cap
tain's wife, and Judge Garretson ruled
that the wife's infidelity could not be
proved until evidence of prior insanity
In the DEFENDANTS case had been estab-
liShed After getting Cen. Hams to saw