New-York tribune., 1909-05-02
FEAR HAMS MISTRIAL
ONE OF THE JURORS ILL.
Prosecutor Dodges Trap to Make
Thornton Hams a State WitneSS.

The murder trial of Captain Peter c Hams, jr,
in the Supreme Court in Flushing, may come TO an
abrupt halt because of the Illness Of William II.
Denton, the fourth juror MIR. Denton, who is the
father of the Commissioner of Public Works Of
Queens. retained his seat in the jury box yester-
day, but his physician says that his condition IS
far from satisfactory. while the lawyers on both
sides are frankly anxious. All are desirous after
two weeks OF hard work, to avoid a mtstTiaL
Mr. Denton is sis,ty-three years Of age and is
retired farmer living in Evergreen Shortly after
he was chosen juror his tongue became sore
4 physician was not consulted then, as the juror
did not wish to make much of his ainent But
the sore grew in size. and he was placed under 'He
care Of Dr. William A. Allen, of Flushing.
Mr. Denton seems to be suffering more than ne
cares to admit Yesterday his right hand was
swollen and on the wrist there was an ugly look
ing boil He says he Will stick to his place unless
he becomes too weak to sit upright
ProI1s bIv warned by his brothers lawyers that he
had been too ready a witness on Friday, Thornton
J. Hams whose cross examination was resumed at
the opening of court yesterday, was far more eau
tious in his replies to questions than at any TIME
during this o his own trial
The District Attorney tried hard to contradict
Thornton Fainss direct testimony by reading parts
of his testimony in regard to similar incidents ilo
the records of his own trial in January for COM
pcity in the murder. But he succeeded IN bringing
out only few minor discrepancies.
Mr. MCINTYRE. chief counsel for Captain Hams,
thought he had trapped the District Attorney over
2 question Mr. De Witt asked in cross-e examination
Had Mr. Mcintyre succeeded, Thornton Hams
would have become a witness for the state and
then his testimony could not be discredited by the
prosecutor.
What was the conversation you said occurred
on the dock between you and Mr.. Birchfeld shortly
before the shooting?" asked District Attorney DE
Witt
Now your honor" said Mr.. Mcintyre, Il desire
to ask that it be recorded upon the minutes OF TINS
trial that the learned District Attorney has made
Thornton Hams the states witness"
NO. sir" Justice Garretson ruled Upon direct
examination this witness mentioned a conversation
about a person who was not named. It VIII be
proper crosse examination TO question him upon that
answer"
Considerable OF the short session was devoted TO
questions regarding motorboat trips with the cap
tain District Attorney De Witt asked the witness
closely about the throwing Of n switch on one TRIP
that killed" the engine and caused a collision.
Just before noon. without having asked thornton
Hams anything about the shooting on the float the
District Attorney closed his cross-exa1nina nation.
Major John P Hams. the other brother Of the pTs-
oner was called Regarding meeting Captain Hams
in July. 1907. he said:
u spoke him, but he did not reply. He gripped
nv hand in a conyulsive grip and giared into my
eyes His own bulged. He was in very nervous
. condition He was shaky At the time l was I'M
pressed that my brother was not rational lie Went
to the Hotel Astor and talked of the necessity foT
divorce for Peter but he took no part in the con
yarsaron.'