The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-05-10
IF CAPT. HAMS IS ACQUITTED
FAMILY WILL TRY TO HAVE
HIM PUT IN ARMY HOSPITAL

instead or . state Asylum for Criminal
insane-Counsel VIII Sum Up To-day
and Jury May Have the Case Before
Night-Defcnce Expresses Confidence.
Before shutdown tonight 1t is believed
the case OF Capt. Peter c. Hams, DR..
charged with the murder Of William 4.
Anhis. will be in the hands Of the jury for
decision. The probability Is that the
lights In the jury room In the old F!u.h-
ing court house will burn all night and that
a decision will not he had until the morn
ing, IL then.
Counsel for the accused army captain,
who have been carefully building up bit
by bit the defence Of insanity to shield
him from q conviction. expressed conf
dence yesterday that an aoquittal on that
ground will be brought in by the jury.
They base their reliance as much upon the
demeanor of the prisoner himself az e1-
hibited in the court room since first the
drawing Of a jury commenced three weeks
ago as upon the expert testimony of their
alienists. Capt. Hams, they say. has
been his own best witness.
Upon the hypothesis Of an acquittal
John +. Mcintyre. chief Of Capt. Hains's
counsel. discussed yesterday what would
probably be the final disposition made OF
the army captain. Should the jury &C
quit him on the ground that he was men
tally deficient at the time he shot William
Annis on the float Of the Bay Side Yacht
Club it will be incumbent upon Justice
| Garretson to commit him to some State
asylum for the criminal insane. MIR.
Mcintyre said that he would not make a
move to save Hams from such q commit
ment. ,"'
THE family OF Capt. Hams may make a
move to have him restored to the juris-
diction OF the army" said MIR. Mcintyre
yesterday, with the idea that he shall
be restrained in some army hospital for
the insane until such time as he is deemed
sufficiently recovered to be allowed at
large. i do not know what plauR. il any.
the family may have In this regard. out
whatever motion they may make to the
Court with such an end in view will not
be made through me.
Il am thoroughly convinced that Capt.
Hams is o insane. Because OF that De,
lief l have tried to have him acquitted
Of the charge Of murder. II he Is &C
Quilted my work ends there
Should the verdict be one OF acQuittal
and the commitment to an asylum by
Justice Garretson follow, the next move
on the part Of the Hams family. will be a
petition for a stay Of execution OF b com
initment until argument can be mad
on the petition to have the person OF Capt.
! Hams restored TO the Federal jurisdic-
ton. 80.
When court opens at 10 o'clock this
morning Mr.. Mcintyre will begin the sum-
ming up for the defence. His speech vii!
be limited to three hours. 30 he assured
the Court OF Friday.
The lawyer said yesterday that through
out his plea to the jury he would adhere
strictly to the lines OF evidence introduced
in the defence and would mako no de-
parture in an appeal to the unwritten law
He will cite all OF the nerve wracklng
incidents attending the discovery by. the
Captain OF his wife's alleged inidelity'
laying stress upon the testimony OF Gen.
Hams, his wife and " sons as { capt,
Hains's actions when the revelations
were made to him. Mrs. Claudia Hains
will not be spared In the recital OF the
relations alleged to have existed between
Annis and herself. the knowledge OF
which wrecked the mind OF the defend
ant, according to the testimony OF some
Of the witnesses.
MIR. VIII Gail 70 inc attentaoh
Of the jury,the fact that District Attor-
ney De Witt did not set before that body
evidence Of all the eye witnesses to the
shooting and the events Immediately
following. although he was Possessed
Of the ability to do SO. Policemen Woods
and Mcclure of the Flushing station,
who observed the demeanor Of the de.
PENDANT during the time that he was
being brought to the station after the
shooting, were not put o the stand,
MIR. Mcintyre will DECLARE because they
had told the District Attorney thai the
Captains acts were not rational. For
the same reason the owner OF. the auto.
mobile which conveyed the prisoner
to the station and Mrs. Annis, the widow
OF the slain man. who saw the shooting,
were not called to testify for the proeecu'
ton, according to Mr.. Mclntyre's con-
tentions.