The Washington herald., 1909-05-10

New York, May 9.-Before sundOWn to-
morrow night it is believed the case Of
Capt Peter c Hams, jr-. charged with
the murder OF William E. Annis. viii be
IN the hands Of the jury for decision.
The probability Is that the lights in the
jury room out in The old Flushing court
house viii burn all night. and that
decision viii not be had until Tuesday
morning. If then.
Counsel for the accused army captain.
who have been carefully building I'd the
defense Of insanity to shield him from
conviction. expressed confidence to-day
that an acquittal on that ground win be
trOught in by the jury.
Hts own Best witness.
They base their reliance as much upon
the demeanor OF the prisoner. himself as
exhibited in the court room since first
the drawing OF the 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. Hams
counsel. discussed to-day What would
probably be the inal disposition made OF
the case OF the army captain. should
the jury acQuit him on the ground thar
he was mentally deficient at the time he
shot William E. Anuis on the float OF The
Bayside Yacht Club. il VIII be Incumbent
upon Justice Garretson 10 commit him 20
some state asylum Tor the criminal in
sane Mcintyre said he would not make
"a move 20 save Hams from such a com
Plans of Family.
The family Of Capt Hams may n .ke
move 70 have him resto-47 t. -
Jurisdiction Of the army" said Mcintyre
today with the idea that he shall b
restrained IN some army hospital for the
insane until such time as he Is deemed
sufficiently recovered 10 be allowed at
large.
I do not know what plans. II any. the
family may have il this regard. but
whatever motion they may make to the
court with such an end in view viii not
be made through ne.
7 am thoroughly convinced that Can.
Hams IS now insane. Because Of that
belief have tried 10 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 10 an asylum by
Justice GarretsOn follow. the next move
on the part Of the Hams family viii be
a petition for a stay OF execution Of the
commitment until argument can be made
on the petition 10 have the person OF
Capt Hams restored 10 the Federal juris-
diction-
Begins Summing Up To-day.
When court opens at % O'Clock to-
morrow morning Mcintyre viii begin
the summing up for TIE defense His
speech VIII be limited to three hours, so
he assured the court on Friday.
The lawyer said to-day that throughout
his plea 70 the jury he would adhere
strictly 70 the lines Of evidence introduced
in the defense and would make no de-
partUre in an appeal 10 the unwritten
law he viii recite all Of the nerve-rack-
ing incidents attending the discovery by
the captain Of his wifes alleged infidel-
ity, laying stress upon the testimony Of
Gen. Hains. his wife. and two sons. as
to Capt Hams actions when the reveIa-
tions were made 10 him
Mrs Claudia Hams NVill not be spared
in the recital OF the relations alleged to
have existe5 between Annis and herself.
tEe knowledge OF which wrecked the mind
of the defendant. according TO the evil
Gence as set forth.
Some Witnesses Not Called.
Mcintyre will call 70 the attention Of
the jury the fact that District Attorney
De Witt did not set before that body
evidence Of all the eyewitnesses TO the
shooting and the events Immediately fol-
loving. although he was possessed Of the
ability 10 DO So
Officers Woods and MCGUIRE. Of the
Flushing station. who observed the de-
of the defendant during the time
that he was being brought TO the station
after the shooting. were not put on the
stand. Mcintyre viii declare. because they /
had told the district attorney that the
aCfs we're not rational For
the same reason the owner Of the auto
mobile which conveyed the prisoner 10 /
the station and Mrs. Annis, the widow Of 4
the slain man. who saw the shooting. 4
were not called 10 testify for the prose- |
cUtiOu. according to McIntyre's conten- /
tons.