The Washington herald., 1909-05-03

New York. Nay 2-As the second week
in the trial Of Capt. Peter c. Hams. jT-
charged with the murder Of William =
Ann.s. opens IN the Supreme Court az
Flushing tomorrow morning. the eyes Of
the counsel who are hghtng n the de-
Tense Of the army captain viii narrow up
en- Two men o. the twelvs IN the jury box
For three days witnesses have been
building Up testimony TO show that the
defendant cannot be held responsible for
his act because Of an unhinged mind. ana
the lawyers who have been watching the
faces Of The jurymen have come 10 have
confidence in all Of the judges Of fact.
save tive
To-day. John r. McIntyre. chief counsel
fo- the defense. said thar since the day
after The jury was sworn on Tuesday last,
ne and his associates had had good
grounds for suspicion Of TIE motives and
intent OF one Of the doubtful jarymen.
said Man Prejudieed.
The firm where this juryman 5 en-
ployed had called him Up on the -paone
GA the morning following the swearing
in o. the jury. said Mcintyre. and had
warned him that the man in question did
not 20 in the box without an unPrejudiced
mind
Ny informant said tnzJ on the day
when this juryman was summoned as q
taIesman he had made the remark that If
chosen he would send Capt. Hams TO the
chair" said Mcintyre, but when that in
formation reached ne the Jury was
sworn. and I was not IN q position to
gather evidence strong enough TO support
my information. The insttention that
has characterized this juryman-s attitude
during the giving Of testimony By witness
es for the defense has almost persuaded
me that the information that came 10 ne
too late was true
Another Under Suspicion.
The second juryman about whom the
lawyers for the defense have been specu-
lsting is one who has worn a persis-
tent smile during all Of the giving OF tes-
timony by Gen. Hams and his sons.
Thornton and John.
When Thornton Hams was making his
dramatic exhibition Of Capt. Hams grief
or the stand on Friday. this smiling juror
laughed. There is no legal restraint upon
a jurors right 10 laugh, but q laugh
from that source IS a serious thing IN a
murder trial
What the lawyers for the defense have
watched for in the faces Of the twelve
men IN the jury box has been an answer
ing gleam Of sympathy 70 the tale Of
CAPT Hains' marital woes as sci forth
wIJh FUN detail by fathers and brothers.
The av0Wed intention Of the defense Of
bringing al Of this Unsavory evidence be
fore The jury is TO prove that the shock
Of discovering his wife's infdelity un-
balanced Capt Hams mind and that all
return from the Philippines and the shoot
ing Of Annis exhibited the irrational man
ifestations Of insanity.
No s'Unwritten Law"
AIr. Mcintyre announced early. in the
trial that no appeal TO the '-unwritten
law would be made in behalf Of the de-
fendant. All Of the testimony that has
been introduced by Capt Hams father
and two brothers would be wholly and
Unqualiaedly in support Of an --unwritten
law" defense were this case being tried
iii, say, q Southern court IN securing the
jurymen the defense insisted, in SO Tar as
K was able, upon married men While
these men are listening to testimony
avovedly IN support of an insanity de-
fense. they may be gaining insensibly
convictions which have their foundation
or Justice that IS extrs-IegsI
When court opens tomorrow morning
MAI. John P. Hams viii finish the direct
testimony he began 70 zire on Saturday.
After his crosg-exanaination the defense
w1lf9ut on the negro maids formerly en-
pioysd in the household Of Cant Hainz
whose testimony in the trial Of Thornton
Hams threatened TO upset the gravity OF