New-York tribune., 1909-04-20
GET TWO HAMS JURORS
SURPRISE BY MINJI ne.
Unrritten Lac Not To BE Fart OF
the Captains Defence.
THE HAMS JURY.
I-.TGUsT SUNDIISG. Corona tailor
o-GEORGE A. HIGBIE, Springfield reai es'"'e'

After an oil day's struggle to get jurors 70 ny
raptain Peter Conover fiains. jr OF lhe 'ihleu
States army for murder OF NlIilaih = <>ii''
tho net result in the Flushing Supreme court ias'
-. - ,,.o i,,ro,s Justice Carretson, however.
considering the difficulty of finding men IN Queens
County who had not formed opinions sdlu lii' '0
attorneys had done well for the first day.
I, Is generally believed however. that 1t VIII oe
much more difficult get the other ten Jul = "
. voc cnnounced before adjournment tIal the
Jurors would be locked up. Facing term ol iioii
A month TO six weeks in stuffy Courtroom ~ - 20.
and a hotel at night talesmen are expected u
develop more consclehIlodS 81
than they held yesterday.
John f Mcintyre, chief counsel Ter oap''i'i
Hams caused surprise when NJ lepuuia'e ~ r.
written law Il defence District A''oI'eS
Witt had asked d talesman how ne Wouu .es
cartafn evidence concerning the relations OF hls
Hains and Annis when Mr.. Mcintyre opJec'eu'
saving to the Court: We will depend Oh oI' P-, ~
Of INSANITY No unwritten law defence VIII pe pu'
forward by US" Mr. Mcintyre also saiu ina ~
would call any alienists to sho" 'ii't " F
oner was insane at the time of the shoollis'
II was said that f the strain was hol 100 So 80
,,arrain Hams proba bly, would testilN. HIS oio'ie'
7 Jenkins Hams who was acquitted Vi ' ,t
charge was expected to be a witness ana LOT '""'
raason WAS not present yesterday II had not oeeh
decided last night whether Captain Hams WIG
would be called. :;
Sundlinc who will the foreman Of the jury, -
= tailor AZ No POS Fifth avenue. Manhattan. ne
has a wife and children. He said his reading ol
sucb affairs as the Hams case was confined moSuS
10 the headlines in the newspapers, as such lhlleS
did interest him
George H Higbie IS forty-elsht years oiu '
wife ard children
Gustave Meyer. of Richmond Hill. a stotekeepet'
said he had no conscientious scrupies against cap
tai punishment. but opposed to IT, heNei
wen let Mr. Meyer explain that view SAID the
Court .x
Il think that if man takes anothers NE 10
take his life is not enough punishment SAID ne
i think to put him in prison for life would be
better punishment: therefore am oppoSeu "
capital punishment" He was excused
II raonired some time to learn from many of the
talasrneI the real reason why they considered
themselves unfit to one man said ne was not
sufficiently intelligent TO give good verdict
julius CapeIIos a milkman Of Corona. when asked
what morning paper he reaas sinlied ana Iepiieu'
NO paper; I work" H, volced the opinion that
the grand jury could determine the suiit OF h"o-
oence of man charged with crime, and was eN-
cused.
When thirty taIcsmen had examined and
only one accepted. Justice Garretson directed
Sheriff Harvey TO draw extra panel OF 100 for
attendance in court uo-0ay
CAPTAIN Hams sat in court fanked on either side
hv his LAWYERS Nj. Mcintyre Eugene y. Young
and Daniel O'Reilly. Major Hams, his brotner' ana
General Peter Hams, his father, sat at the table
win, him The prisoner maintained a stoica indif-
ference 10 the proceedings. He showed some hef-
vousness, however. by continually pulling at MS
hair His lawyers seemed unable to interest him in
anv conversation ana he sat part of the time with
bowed head.
General Hains restrained himself with difficulty
from breaking down when he bade his son good
night He could not speak and had to content him
self with Mating Captain Hains's shoulder. The
prisoner gave no evidence that he saw his aged
and trembling father.