Evening star., 1909-05-05
LAST OF LAY WITNESSES
Alienists Called on to Answer
Hypothetical Question.
POLICEMAN TELLS OF ARREST
Friend Of the Family Says He Sug-
gested Trip to Bayside.
Other Details.
Special Dispatch to The Star.

der of William E. AnniS, at Bayside
August Is last. has been nearly completed.
1t was expected this morning that the de-
tense would rest at about 3 oclOck this
afternoon. after which the prosecution
would proceed in rebuttal.
The main feature of today's session will
be the reading of hypothetical question
consisting of nearly 1900 words.
Five alienists will listen to that question
on behalf of the defense. The question
will review all the testimony introduced
In the trial SO far. The alienists will
state whether. in their opinion, man
whose actions and speech were such as
described In the testimony was sane or
insane when he fired the shots that
brought him before the bar of justice.
The defenses alienists are DR.. Albert
Brush of Brooklyn. DR.. L. Pierce Clark
of New York, DR.. Graeme Hammond OF
New York. who testified at the Thaw
trial; DIR. Charles Hill of Baltimore and
Dr.. Samuel Manson of New York, who
has been a constant attendant on Capt
Hams at the trial and since the shooting
Two Lay Witnesses.
Two lay witnesses were in court at the
opening this morning to be called before
SiiC ACoomS VI tHc hSpoth0tiSoi iASSNAoti'
They are Policeman Charles w. Baker.
who proceeded to the float of the Baysfde
Yacht Club Immediately after the killing
of Annis, and who took the captain into
custody. and c. Raymond Weaver, a close
friend Of the Hams family, who walked
in New York with the Hams brothers just
before they left for Bayside.
The prosecution in rebuttal will put ex-
perts on the witness stand who will an
swer an equally long hypothetical ques-
ton prepared by District Attorney De
Witt 1t will be then. If ever, that Mrs
Claudia Hams is called. Mr.. De Witt
may also break the bars so far as to tes-
timony concerning the actual shooting.
The defense holds that Capt. Hams was
suffering from maniacal Oppressive 1nSan-
ity. which at the time of the shooting be-
came maniacai impusive insanity. Prior
to the shooting the insanity is technically
termed "compulsive."
Counsel on both sides agree in holding
the value of this expert evidence as not
very great Nevertheless neither had suf-
ficiently the courage of their convictions
to keep such experts out of the case.
Policeman Tells of Arrest.
Policeman Baker, who arrested the
Hams brothers on the day of the shoot
ing, was the first witness today. He said
he went to the Bayside Yacht Club the
day of the shooting in response to call
and that he found Capt. Hams on the
float, standing to the left of the gangway.
The captain was very nervous" and his
eyes "watery," the witness said. He con-
tinued:
Il asked him several questions and he
did not answer. 1 took him to the corner
of the float where Mr.. Annis lay and then
to the station In an automobile. There
were seven people In the car. The cap
tain sat in the rear seat, and Mr.. Rob-
erts was also in that seat"
The witness occupied the rear seat with
the captain and Roberts.
Did the captain say anything on the
way to the stations?
mo. sir
did the captain open his coat and
show pistol holster?"
mo"
There was a contradiction of the testi-
mony of Charles Roberts, member of
the yacht club, who said that Capt. Hams
had told what sort of a weapon the Shoot
ing had been done with and displayed the
holster strapped about his body under his
coat, had said: II carried 1t here"
Captain Was Irrational.
The witness declared that he saw the
holster for the first time at the station
house. Capt. Hams. was very nervous
there, and when the witness was asked
If in his opinion the captain was rational
or irrational at the time, he replied: Il
am not a doctor, but in my opinion he
was irrational"
On cross-examination Mr.. De Witt sue
ceeded in drawing from the witness that
lin the station house the captain answered
intelligently such questions as were put
to him. giving his name, age and address
as surely as any other prisoner.
In your Judgment. were those words
rational or irrational?"
The witness hesitated in his reply for
some time and then replied: Rational"
District Attorney De Witt. who was
plainly exasperated with the witness.
raised his voice in questioning him until
it was almost shout, and got Baker to
give the names of the other persons in
the automobile. Then he asked the police
man again IL there was any conversation
Joined, and Baker replied that there was
not.
Suggested Trip to Bayside.
Charles R. Weaver, an intimate friend
Of the Hams family, and interested with
Gen. Hams in the Hams concrete mixer
was called next. He recalled the 18th of
August last. when he met Thornton and
the captain near the Manhattan end of
the Brooklyn bridge.
Thornton and Weaver discussed a pro-
posed boat ride which Weaver refused
to take, and then the latter suggested
a trip to Long Island for the purpose
Of looking at real estate Thornton agreed
to go, but when Weaver found that he
could not get back to the city at an
early hour he was inclined to back out.
and Thornton then said he would not go
either. Capt. Hams was present during
all the talk, but said nothing. The pur-
pose OF this evidence, which was given
in great detail. was to show that the
Hams brothers did not go to Bayside
of their own motion that day, but at
the suggestion of another.
Characterization Of Weaver had de-
veloped nothing apparently vital to the
case when Mr.. Mcintyre objected that
the district attorney was making Weaver
his own witness Mr. De Witt thereupon
suspended the examination. but asked
that Weaver be instructed to remain
within call. The court granted TINS re-
quest, and q recess was taken to permit
the defense to put the finishing touches
on it's Hypothetical question. When this
was completed there was further delay,
owing to the absence of DR.. c. Pierce
Clarke, to whom the defense wished to
nut the question first AS he was still
absent at noon, the court adjourned for
luncheon.
Mother q Witness.
Mrs. Virginia Hams. mother of Capt.
Hams, was called by the defense as
witness late yesterday afternoon. Dur
ing the windup period Of the day were