The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1909-05-11
PLEADS FOR HAMS
LAWYER ARGUES CASE TO THE
JURY.
Declares slayer or William II. Annis
Was Insane and Does Net In-
woke the so-caIied Un-
written Law.

Flushing, N. r., May 1o.--One hour
more OF summing up by the prosecu-
tion and afterward the courts charge.
then the case OF Capt. Peter G. Hams.
yr.. charged with the murder Of VIM.
r.. Annis, will pass into the hands Of
the jury.
Today's session Of court was marked
by the fnal appeal by John +. McIn-'
tyre for tho defense and part Of the
final plea Of George A. Gregg for the
prosecution. When adjournment was
taken late this afternoon. Justice Gar
Mr.. Gregg Just an hour tomorrow IN
which to complete hia remarks. The
prevailing opinion of those who have
followed the trial closely Is that there
may be weary walt before the ver-
dict IL reached.
While MIR. McIntyre's address was
an argument to show the insanity OF
opportunity TO emphasize the dramatic
and pathetic and TO hint az times of
the "unwritten law" One OF his mel
odramatfc declarations was that Annis
met death by IAN act of Cod" All
reference to the "unwritten law" were
promptly objected to by the prosecu-
tion. and the objections were sustained
by the court.
Mr.. Gregg bitterly denounced the
insanity plea OF the defense. declaring
that IL was conceived and manufac-
tured by the defendant's lawyers as q
last resort. He asked the Jurors to
disregard the testimony Of insanity ex-
perts on~both sides. and 20 decide for
themselves the guilt or Innocence Of
the prisoner at the bar on the strength
of the testimony OF lay witnesses.
There was an affecting scene when
the defendants mother came into court
Just before the proeeedipga began,
she walked to where Captain Hains
was sitting and fcaught him IN sher
| hls chair and mother and son embraced
until shelwas led away by Major John
Hams. her other son.
| In opening his plea Mr.. Mcintyre
said:
1T was the act Of God that direct
ed Captain Hams hand when he took
the life OF the man who ruined his
the defendant was accidental; there
was no intention to KILL"
Taking up the question OF Captain
FIains' sanity. Mr.. Mcintyre said:
"The burden 10 now upon the people
TO convince you beyond reasonable
doubt that he was sane. The law does
not require us to convince you beyond
reasonable doubt that he was In
sane.
'sThe State intends to show that no
was in a normal state of mind by .
few eursory observations abstracted
from q mass of matter. and even
though hiss actions may have seemed
rational at times. medical science
shows that insane people often speak
and act nationally"
Mr.. Mcintyre criticised the States
hypothetical question and declared thns
the speech and conduct OF the defend
amt as therein related we're taken from
,,nimportant incidents which might
have occurred to any man. sane or
insane.
ed Mr.. McIntyre at q reference as 10
the erect a conviction would have on
the mother and father Of Captain
's you win have to refrain from that, "
Justice Garretson said 70 counsel for
the defense.
Mr.. Mcintyre contended that the
opinions OF the States experts we're
sion which did not contain four PET
cent OF the evidence IN the case.
s.Hyone of these men ever made u
mental of physical examination of this
attendant" said Mr.. Mcintyre. Can q
phvsician reach proper diagnosis OF
4 case without that7 VIII you convic'
q man on mere guess. q specula
fion? Why, you would not hang 40
on such testimony"
picturing the despair OF the defen
~ when he heard the story that
s,tSa mad been unfaithful. Mr.. Nc
tyre asked how the jurors would be
fscted under similar circumstances
"But am not pleading the UNIV
.an law IN this case continued
MCINTYRE. II cannot invoke the Law
acribed in the Old Testament"
The defendants mother soboed
| ing most of Mr.. Mclntyres sur
Haine frequently spoke com
words to her.
Mr.. Mcintyre finished his adj