The sun. [volume] (New York [N.Y.]) 1833-1916, 1909-05-01
GROWS DRAMA1fC ON STAND
rggRyTON HAMS THfCE RE-
BJKED BY THE COURT.
n,trlct Attorne, startles Him by Asking
II Tie Killed Edward Hannegrn In
Is0I-Theatricai Recital OF story or
cant. Hains's Eeneanor stopped.

IsoI-Tbeatricai Recital or story OF
cant. Hams EemeanOr stopped.
Thornton Jenkins Hams. the writer
If talos of raw life on the seaa. was re-
mirGed with startling audiences yes
terday hat for the third time in his life
va WIS for the minute the CHIEF figure
n murder trial. This was after he had
,akon ,he witness stand in the Supreme
court at Flushing in behalf oil his
brother. C1pt. Peter {. Hams, DR., on
rial for the murder of William T., 'Annis'
Said District Attorney De Witt as the
fra, question OF his Characterization;
.Thornton Hams, did you not shoot
~ death Edward flanagan in n rowboat
ON Hampton Roads on June s, 1877
fighting CLINT sudden y shone from
the eye s OF the fiction writer, he frightened
his grip on the arms OF the witness chair
and thrust out his jaw, but John +. Nc
Intvre. chief counsel for the defence.
was beforehand. He jumped to his
fee and held up a hand to check the,
retort that was on the lips OF the witness
while he addressed the Court.
If your Honor please, move that this
o~ltrageously improper question he
stricken from the record and that In
view Of its effect upon the jury that you
rive permission to withdraw one juryman
and declare the present action a mis-
trial
Justice Garretson promptly granted the
frat motion and denied the second, look
ing toward the adjudgment OF a mistr,al.
The District Attorney did not press his
noint. seemingly having achieved the
effect he wished to produce on the jury
BY his startling coup. The effect wrought
upon the witness was IN line WIN what the
District Attorney wanted.
Thornton Hams had undergone the di-
rect examination with strong willed self
assurance amounting at times even 10
yeiled hostility. He seemed TO be ready
IN meet the cross-fire of the District At
torney almost jauntily, but the first ques-
ton, recalling the first time that he had
been tried for murder. reused his anger
and the attorneys for his brothers defence
had good cause TO be nervous during the
continuation of the cross-examination.
MFR. Mcintyre had ordered Thornton
peins out of the room on Thursday when
he apDPdTpu DcuiIib tiic io'i ~ ~ ~
the counsel. Yesterday when the lawyer
began his direct examination of Thornton
Hams he did it with considerable caution.
Thornton Hams went on just at the close
NJ the mornings session after his father
had left the stand. He was IN not water
inside of ten minutes.
Mr.. Mcintyre had asked him to describe
the demeanor and recite the speech of
Capt. Hams when he came running. to the
home of the witness on the day following
the private confession of guilt Claudia
Hams had made to him. Tho witness
drew his heavy cheeks into a set leer,
half arose from his chair ard shouted
IN a harsh yell: .,
81 arologize! | apologize, It's all
right you're right! Claudia has told
me air.
justice Garretson was prompt to in
terripI.
theatrical anner said he. This is
not the place for such demonstrations.
The witness a~pologized quickly, while
his interrogation tried to convince the
Judge that such graphic illustrations OF
The behavior OF a man gone mad were
per nj ssible.
Mclntyrc started to take tho witness
over the recital Of the events in Capt.
Hsins's house OF the Fort Hamilton resers
vatioh that had been given on the day
before by Gen. Peter G. Hams Thorn
bon Hams appeared to keep his eye on the
main chance for effect, and before long
he was again giving 10 the jury what he
believed to bc "a dramatic portrayal of
the passion ri his brother.
NY brother would pace the floor, his
lace White rs a sheet OF paper. He would
drag his legs as a decrepit old man walks
Ian objection by De Witt sustained hercI
and he would jump from his chair, cN-
claiming:
oh. my God What have ! done:
What have ] done: How can I'll think
he meant to'say~ iAnother objection
sustained
Sometimes he would whistle an air
from 'Traviatl'-"
Here the witness paused to purse his
lips and whistle That drew a sharp
rebuke from the Judge
guess We all know what a whistle is
without oral demonstration. " said Justice
Garretsou
Mcintyre. vino showed considerable
worriment over the tendency II his wit
ness to tell more than was asked Of him.
led him through all Of the happenings
ol August Is. tho day Of the shooting,
down to the time when Thornton Hams
ana hrs brother were standing on tho
dock OF the BAY Side Yacht Club and the
name OF Annis was mentioned. There
me attorney abruptly stopped this line
OF direct questioning, thereby shutting
out the District Attorney from digging
hto THIS matter on crCss-examination.
lhe characterization. which began
al O'Clock, WIS checked by the adjourn
ment OF court at ), ThorntOn's direct tcs-
uM9hy vas in tn" main mistaken.
Inc cross examination Of will continue
curing the half day session to-day. Ma
lf Hams tho gN.En--l-,a' = LtH.u l-.-.l--