The Washington times., 1909-05-10
HAMS PLEA MADE
ON UNWRITTEN LAW
Lawyer Mcintyre, in Argu-
ment, Couples 1t With
Insanity Defense.
SAYS CAPTAIN WAS
DIRECTED BY LORD
Appeals to Jury to Remember
Plight of Prisoners Little
Children.

FLUSHING. l.. L, May I0-Parading
before the Jury again and again the
alleged acts Of William E. Annis with
the wife OF his slayer, and making but
a thinly yelled attempt to stick to the
insanity plea, while at the same tins
dwelling strongly on the unwritten law,
John F. Mcintyre made a powerful
plea to acQuit Capt Peter c. Hams
today.
Just before Mcintyre began his ad-
dress, General Hams aided his aged
wife into the courtroom, and she was
given a seat near the prisoner. She
threw her arms about her sons neck,
kissed him. and sobbed convulsively-
He accepted her caress in his usual
uninterested manner.
There was the usual morbid crowd in
the courtroom when the trial was re-
suned this morning and opinion was
divided as 10 what the jury VIII do.
While there is a chance that Justice
Garretson may charge the jury this
evening, the general impression is that
he will let the lawyers for both sides
utilize the entire day for their talks
and viii reserve his charge until to-
morrow morning.
Mcintyre reviewed at some length the
jury system and dwelt on the RESPONSE
bility OF the twelve men He then call
ed attention to the fact that Captain
Hams three children are now with their
grandparents.
Their mother is gone from Them"
he said. and the grandparents will
soon pass to another sphere. II You
send their father TO prison they VIII be
left TO fight LIES battle alone
directed Rv God
AN act OF Almighty God directed
the hand Of an insane mar when Capt
Peter c. Hams shot to death William E.
Annis. the traducer Of his wife and the
friend that destroyed his home and
his children's happiness.
Il cannot appeal to you under the law
OF the Old Testament The adulterer
shall be put 10 death. neither can L cite
the Roman law: Amy man may kin an
adulterer.' but 7 do ask each OF you
who has little children awaiting you at
home, cared for by a loving wife. TO
Judge II this man was not driven to
this terrible deed by the tales told him
of his wife and Annis"
He traced the movements OF the cap
tain and his brother on the day of the
shooting. claiming that the trip to Bay
side was made at the suggestion Of Wit
ness Weaver. He said the return trap
tickets bought by Thornton showed
there was no elaboration
Demand Murder Verdict.
The State will demand a verdict Of
murder in the first degree in the sum
ming up by George A Gregg, a for
mer district attorney Of Queens county,
who has acted as special prosecutor in
the case. He viii contend that the
captain was sane and that he has been
shamming IN court. He Will make the
most of the testimony Of State experts
10 this effect.
One Of the reasons why the State S
case in rebuttal was so brief and why
so many witnesses who had been under
subpoena were not called has just
been learned
Districe Attorney De Witt held an ex-
aminatica of witnesses in his office In
the town hall. He found. IT is declared.
that many OF the witnesses he had re-
lied upon were not prepared TO swear
that the captain was rational at the
time Of the shooting and Immediately
afterward.
All Of these witnesses. II Is thought.
would have proved boomerangs for the
State had Mr.. De Witt called them.
II is estimated that the trial Of Cap
tain Hams will cost Queens county
taxpayers between S25,eo0 and $50 900.
The three principal items IN the State S
account will be the retainers Of special
counsel. the fees of alienists and medi-
cal advisers, and the expense OF lock-
ing up the jury.