New-York tribune., 1909-01-10
TELEGRAM HAMS SENT
THE C4PTAIN WROTE 1T
Court TO Eliminate Sanity Plea
Case to Jury on Thursday.

There wss CONSERVATION yesterday among the
lawyers for Thornton Jenkins Hams, who Is on
11ial for life Flushing, when tie prosecutor
got in evidence the telegram sent by Captain fe'eF
& Hams TO his father announcing that he hao
shot William Z Annis. That man suffering fron
ssnpufsive insanity could send SO iatelhgloie
message was regarded by the prosecution as OF
some Importance. Mr.. Mcintyre. counsei TOT 'he
defendant said he would place handwriting e1-
,se-f on the stand tomorrow TO prove that De.e0-
Eve rrsl,on and not Captain Hains wrote the dis
patch.
But whether the captain wrote II or not ana
whether or not he Is crazy, was shown by Jusuce
crane TO be- after all. of rather slight moment
He called the lawyers up before the desk ia0e III
the afternoon and said:
Gentlemen, the whole question in this case Is
whether this defendant aided ana assisted ms
f,rother Peter c Hams to DO the shooting. The
question of sanity insanity VIII not enter II ne
aided and assisted in the shooting shaI so
charge the jury. II he aided and assisted ms
brother you may eliminate the question Of insanity
as II will make no differerce whatever. am no"
outlining my charge TO you and you may MAKE
such use Of these facts you see Mt
charles H Roberts was recalled, and testined that
he had not picked up the captains revolver uhli'
after he (oerTs) mad assisted in pulling Annls up
on the feat That contradicied ihe oefehuaht
rsnr.-nony that he had run with al speed down Ihe
runway and was confronted by Roberts with Cap
tain Hains's revolver. General and Mrs Hams
were in co--t throughout the day
Tsetectiye T. 4 Fauon was the first witness OF
importance recalled in rebuttal. He gave the paper
on which was written the telegram to MI Darrin'
aud il was received III evidence, despite Mr. Mc1n-
tyres strenuous objections. The dispatch ran:
General Peter = Hams. Quarters u, Fort Hancock
r5.,Te s}ot Annis. come to Flushing PolGe, sta
ton.
Mir Mcintyre had Fallon write the same words
,,non another sheet Of paper, and Inspected thein
carefully ,,.,-.,--.
the copy made by the witness
after 4hev we're received in evidence both were
rsssed over 10 the jury for Inspection
E,1,or said in response TO questions. that ne hao
not written out the dispatch On telegraph oiahh'
The defendant. General F4ains and Major John r.
z7.5-s ,,ent tte;r heads together 10 examine the
writings whispering comments
The detective said Ell first that the telegraph
operator copied the dispatch. and he was sure ne
bas clicked off the words from the original paper
and had kept no record fer fling:
a telegraph operator kept no recordE shouteo
Mcintyre.
No sir" said Fallen
oh: no more questions. said the defendants
counsel.
Frederick c. Leavitt then took the stand and
said he mad not seen the ashman. James Tierney
On the feat. Tierney was the defence's eyewitness
you ran away, didn't you?" asked MI NC
Intyre.
Il did sald I.eavitt. and he excused
Recalled 70 the stand. Merle E Downs testified
that he had not seen Tierney the float On his
direct examination he remembered seeing him and
ordering him away He testified that Thornton
did not saw I wound like to do that but l am
afraid they viii hurt my brother when Downs
ASKED him u give up his revolver. He reached the
aosr about ne minutes after the shooting He
considered the actions Of Captain Hams while on
the feat rational
John g, Stevers recalled. said the captain held
his hands down and his head one side in con-
templative manner. and that he bit his lips He
considered him rational
His excited eve. his gnaWing Of the lips. his
= rapid steps. impression on your mlno as
u an abnormal mental condition. asked MCINTYRE
..,lof as t. irrationaiity~ said Stevens. He
knew what he vas doing" And the defendaEts s
counsel could not prevail upon Justice Crane TO
strike out those words
Al L O'Clock Nj. Mcintyre asked the court 10
have note made Of the that the noon hour
had arrived. and that ccUrt had been held one
minute into legal holiday
Do YOU ask fer al adjournment" asked the
- court.
..NHl your honor tell your ~uling in ad-
,arcee~ asked the lawyer. You know, your honor.
that IN this case J must do everything for my
client. But frankly, do mt want an adjourn
1aent es 7 want TO see the case completed
Edwin Andrews. il. recalled, said he had not
seen Mrs Arnis on the float He had not seen
Tierney. Frederick A Storm also testified that he
had not seen Tierney. but admitted under cross
examination that lie had not arrived the float
1iutn af;er Andrews had ordered everybody off.
D. M Jesperson." said ~ Darrin. after the real
estate dealer had been recalled did you ever tell
,he defendant that the 5Ionilf Beilding closed
SATURDAY. afternoons
''No Sir / told him 7 wouldn't De there SatuT-
dsy afternoons" sad he How could meet him
there and at Bayside at the same timer
David g Bennett. 5r-. Of No. 4l6 18th street.
Brooklyn. the LAWYER who drew up Claudia Hains's
alleged confession. was called.
Nr MCINTYRE contended that the witness could
not 20 examined or the ground of privilege, be
cause Nr. Bennett was the captains lawyer at the
time The Court held. however, that the privilege
vas waived by holding the interview in the pres
erce oF 50 many
Asked about letter which Thornton J. Hains is
sid tc have sent TO his brother in the Philippines
she vifness said he saw none Al the time of the
ALLEGED confession Later he said he had let
ser from Thornton his brother at another time.
Tfe was not allowed 10 tell whether it contained
these words. however If vou are a with red
blood n your veins and this does not make it boil
thssa you are sot The m1n / take you FOR.
Mr. Darrin expects to finish his rebuttal to-
morrow AIr Mcintyre VIII occupy at least day
IN summing up. VIII be Thursday before the
5Ury gets the case
COMPLIMENTARY DINNER FOR METZ.