Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-04-30
HAMS AGED FATHER
ON WITNESS STAND
sWEARS son WAS ALWAYS NER-
VOUS AND ACTED IN FOOL
HARDY WAY DURING BATTLE
OF GUAYAMA.
(By Associated Press. }

FLUSHING, L. l., April 29.-General
Peter c. Hams, retired, the aged father
of Captain Peter c. Hams, Jr., of the
| coast artillery, who is on trial before
Justice Garretson in the supreme court
here for the murder of William E. Annis
at the Bayside Yacht club last August,
] took the stand as the first witness for
the defense at the resumption of the trial
| today.
John F. Mcintyre, counsel for the de-
| PENDANT, expects to occupy two or three
hours with the direct examination of the
general taking him over many of the
incidents of his sons life to show the
captains irritable and nervous tempera-
ment as a child and his many irrational
acts previous to May. 1908, when he first
! learned of the alleged improper conduct
of his wife, Claudia, with Annis.
Total Insanity
The defense contends that his troubles
drove him into a state of total insanity,
subject to violent maniacal outbursts dur
| ing one OF which he shot down the man
he believed had ruined his home.
While his father was testifiying, the
prisoner sat with his face toward the
! jury and paid no attention to him.
/ General Hams testified that he discov-
| cred at an early period of Captain Hams
| life that the boy was suffering from ex-
cessive nervousness. He said Peter was
graduated from the naval academy at An
| napolis in 1898, but did not enter the naval
service on account of defective eyesight.
He described the conduct of Claudia
/ Hams toward her husband, the captain,
! during their early marriage as that OF
/ "a loving wife" He said they were very
| happy until 1908. During the Porto Rico
| campaign the captain, then lieutenant
of artillery, was a member of his COM
mand, the general said, and they all suf-
/ fered excessively from the sultry ana
bad climate of the island.
Describe your sons conduct at the
battle of Guayama" said Mr.. Mcintyre.
He was always getting in my way on
the firing line" replied the witness, and
when 1 told him to get away he said l
had NO right to wear that big white he'll
met on the firing line.
"Tben l told him 1 would have to put
him I'm the ranks if he did not stop
bothering me-" -.
Reverting to the earlier years OF the
Attendants life the general said ne
would fy into a passion when contradic-
ted and was subject to violent night
mares. He fell into the hatchway OF
tteauer when he was 172 years old'
striking on his head, and for long time
afterwards suffered from nervous ex-
citement and depressing headacnes-
Slight noises always excited the boy
and made him turn pale the iather
said.
Package of Letters
In September, 1907, the captain was de-
tailed TO the transport service between
Sam Francisco and the Philippines, the
general said He was away for seven
months and returned in May 1908. The
general met his son at the Hotel Astor'
New York city, on May 80.
.'yyhen l asked him what had brought
him from the west" said the witness,
"he showed me a package OF letters
and said he was greatly troubled. he
had heard reports from C'HnHia- ms wire;
hut did not believe them,'' he said. she
NAV have been indiscreet," the captain
said. continued the witness. land L told
him she had been more than fndiscreet;
that she had been unfaithful.
Was All UndOne
".Nfv God! YOU don't think that?5 ex-
claimed the captain. He asked me If
believed the reports and 1 told him she
had been away for a week and nobody,
not even tn eservants, knew where she
was. and when she returned she was In
bed a week.
him know about thees things and said
he wanted me to help him investigate
and settle it.
we can go to the country where
Claudia said she had been and find out
If IL was true said the captain"
The general said his son was greatly
excited at that time. but would not say
his condition was irrational.
The following day, when the general
told him he appeared very nervous ana
looked haggard, the witness sale.
He told me she had confessed every
thing" said the general.
District Attorney Dewitt objected to
the examination of General Hams in re-
gard to the infidelity of tn ecaptain's
wife and Judge Garretson ruled that the
wife's infidelity could not be proved I'M
I'll evidence of prior insanity in the de-
PENDANTS case had been established. At
ter geatting General Hams to say his
father died from senile insanity, Mr.
Mcintyre excused the witness.
AIienist Takes Stand
DIR. I. Samuel Manson. the alienist, who
who next testified, described an examina-
ton of Captain Hams which he made in
the Queens county jail on September 5,
1908
81 found him sitting on a chair staring
into vacancy" said the doctor. when l
spoke to him he made no response. /
put my hand on his shoulder and SAND
loudly, How do you feel? and still there
was no response. I put him through sew
eral tests and there was no response"
General Hams then was recalled and
asked again to tell what happened in his
talk with Captain Hams after the cap
tain had obtained his wifes alleged con-
fession. A long argument ensued be-
tween counsel on objection by District
Attorney Dewitt, on the ground that no
evidence of the defendants insanity at
that time had been presented.
Justice Garretson said that If the law
yers for the defense had any evidence of
hereditary insanity they should present ii
forthwith. The court sustained the dis
tdict attorney objections.