New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-05-06
HAMS EXPERT WITNESS
DEFENCE TO REST TO-DAY
DR.. Manson 14rs1cerS Insane" to
Long Hypothetical Question.

-
Captain Peter c Hams. ir. sat woodenIv
through most Of the session yesterday of his trial
for the murder OF Annis. though al times he wept
AL things considered. the day was rather A IA
vDrsble one fer the defendant Dr. Louis S Man
Ean. the only expert testify made better
showing, il is considered At Thornton Hains-s
trial. The reappearance ~ Mrs. Annis in the
courthouse created some interest al the noon re-
cess. She was under subpoena and spent some lit
tie time in the building before being informed
that she would not he needed until to-day.
Charles Baker the policeman who accompanied
Captain and Thornton Hams from the Bayside
Yacht Clubs float the Flushing station house
was the first witness called by the defence. which
viii complete its case with expert testimony
day Baker told how he guarded the prisoners in
an automobile. He asked by John F McIn-
tyre, chief counsel for the defence. regarding the
actions Of Captain Hams and remarks in the
tion house. and said he considered them irrational
Mcintyre then turned him over District Attor
ney De Witt.
Did any enc ask Captain Haines where and
how he carried the gun during the ride in the au-
torobile. and did the defendant open his coat and
show the holster. pa;ting il 20 indicate it," asked
the District Attorney.
mo. sir" replied the witness thus contradicting
Thornton's testimony and that Of Charles H. Rob
arts.
The policeman said his prisoner answered the
questions OF the officer at the desk properly.
Charles Raymond Weaver, partner in the con-
crete business Of General and Captain Hams, told
thu story that he did the trial OF Thornton
Hams last winter. He described his meeting with
the brothers in Park Row. how Thornton urged
him 10 take a ride in the boat, and how he
had suggested trip Bayside instead look over
the real estate for which he knew Thornton had
been negotiating with Jesperson. and how they rad
luncheon at The Waldorf end rode 10 the ferry at
Saith street where he remembered an engagement
with his wife that prevented him from accom-
papying them. In completing his recital Nj.
Weaver related Of the particulars of a trip he
made to Boston early in August with Captain
Hams.
In cross-exanning Mr. Weaver District Attorney
De Witt tried 10 prove that he and Captain Hams
did not make the trip Boston early in August.
1905. The prosecuting officer and the witness both
lost their tempers.
where did you go in Boston; TO what hotel2
asked Nr. De Witt.
I'VE went To Young s." replied the witness.
Did you register Nj Weaver asked the
District Attorney hoping entrap him there. as
he had Boston examine the hotel register
and found il contained +he name Of neither Weaver
nor Captain Hams in August Of last year
No. sir, did not" replied Mr. Weaver 10
Mr.. McIntyre's very evident disappointment
Your honor" said District Attorney De Witt TO
Justice Garretson i ask that you hold this man so
that I make him my witness" And, in
spite OF the fact that he could not he used yester-
day by the people in the rebutta because Of the
delay in starting upon the hypothetical question.
he was obliged TO remain
The defence's forces explained later that there
had been registry At the hotel. because Mr.
Weaver Captain Hams had only had break
fast there, and had not remained in Boston over
night
Dr. I. Pierce Clarke one OF the defence's alien
lists, late in arriving. and. considered
advisable read the l4ey5wnrd Hypothetical ques-
ten only once, his presence was awaited He APP
peared early III the afternoon. and MI Mcintyre
proceeded read the question that his associate.
Eugene y. L. Young, had spent the entire night in
preparing. 1t recital Of such portions Of
the testimony a might throw light upon the de
PENDANTS mental condition When lie lad READ Al
he asked DR. Louis :. Manson. his other expert,
who had listened it while sitting in the witness
chair, whether, suppoSing what he had read TO be
a statement Of facts he considered the defendant
10 have been sane OF insane on August l5 the day
OF the homicide.
Insane" said the witness. He suffered from
-impulsiye insanity on August 10 H could not
distinguish between right ana wrong, and was IN
able to Judge of the quality Of his act
Dr. Manson said captain Hams had acute mania
on May 81, when he stormed into Thornton's room,
singing and apoIoz,zing. explained that he
used the term .-manic-depressive insanity, from
which the captain suffered urOad sense, merely
40 keep abreast of the times in classifying the
different forms Of insanity. Dr. Manson was ready
with answers for nearly every question the pros
ecuting officer, coached by Dr. Edward E Hicks.
OF Brooklyn could throw al him
lie advanced the theory that attack of inpul-
slve insanity lasted only while the victim # the
impulse was working out the act
so that Immediately after Captain Hams fired
the last shot" said District Attorney De Witt,
laughingly. the attack Of impulsve insanity left
him."
Exactly" said the expert imperturbably-
And what followed, what form Of insanity since
there are 50 many
a period Of depression, Of melanchola- During
such periods functions, mental and physical,
are al the lowest ebb'
The impulse came when Birchheld said The word
-Annis,' added The witness.
Then" said the Court. II the act had not been
performed after that, you would not have known
that the defendant had that particular kind OF in
eanity-impulsive insanity
NO, sir" replied Dr. Manson.