New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-05-11
PLEA FOR HAMS MADE
Jury GETS CASE TO-DAY
Mcintyre Says God Directed the
Killing Of Annis.

One hour more Of summing up by the prosecution,
then the Courts charge. and the case Of Captain
Peter c Hams jr on trial for the murder of Will
lam E Annis at the Bayside Yacht Club in Au-
gust 1908. viii pass into the hands of the jury
shortly after noon to-day.
Mr. Mcintyre. chief counsel for the defence, in
his summing up yesterday asserted that God
directed the killing of Annis' and that his client
had been made insane by AN Almighty hand
accomplish that purpose. Ex-District Attorney
George A. Gregg who began his address for the
people late in the afternoon, ridiculed the plea
of INSANITY insisting that the defendant not
and never had been insane.
BY throwing her arms around her son and kiss
ing him repeatedly Mrs Hams. who had not ap-
preached him before during the trial. made
affecting scene. She sobbed upon his slight Shout
der and he seemed TO respond briefly 10 her
WHISPERED words Of cheer. For the remainder of
the day save when upon one occasion his
sci seized him and shook him violently, to demon
strate his mental condition. Captain Hams main
tanned a stony silence appearing to take no heed
OF the closing features of his trial
General Hams. his wife and their son. Major
Hams sat side by side during Mr.. McIntyre's ap-
peal for the life of the accused officer. All three
wept at times. Eugene N L. Young
come by emotion when his senior counsel finished
his plea that he could not control himself. Major
Hams went over and patted him the back and
cheered him. Mrs Annis accompanied by three
women, entered the just before Mr. Gregg
opened his address Mrs. Hams departed soon
as the plea for her sons life had been made
Mr.. Mcintyre disavowed the ''unwritten law de-
fence. and them almost in the next breath. asked:
Which OF you twelve men, what man in this
courtroom, what man in Flushing, would raise An
mis- If he could?' Describing shooting, he said:
There was design generalization about the
shooting. Il grew out Of fortuitOuS meeting.
Captain Hams was crazy. The testimony amply
proves TINS Note the 1act IIlat the DrolherS puI
TO look at the property
Why did not the people produce Martin sklra,
the hack driver? Why did they not produce John
Tonning. the boatman, who was sometimes called
the Big Swede? Other witnesses there were, too.
whose testimony would have been Illuminating
ney?
Mrs. Hams and described how General Hams had
barred his breast 10 the bullets of the enemy Then
he asked:
When When these honoTsd gray heads shall have ave
| down which they are now gently speeding; when
years what, then. will little Peter the third do?-
District Attorney De Witt interrupted to say
that the jury had cognizance of Peter the third
ana could not consider him. Saying that Hams
had been proved insane, Mr.. Mcintyre continued:
Birchtield. abe peoples witness. said when
he ran down to the float. testified to by himself
Is the man crazy? Is he crazy" Why did not
| the District Attorney call him in rebuttal so he
couIu nave been asked If the manner, speech and
h ioaIaS Of the defendant were rational? The
gaeIlo and the guile OF fox, knew better than to
| Tonnfng was tight beside the defendant when
me shooting took place Lieutenant Hayes, OF the
police; took his pedigree. He not called at all.
Would not his evidence have been helpful Oh,
no, II would not have been helpful TO the people,
to display an the facts. but only sTcn as
"ould tend TO show sanity Everything that
! the willy District Attorney.
| Why was not DR.. Edward f Hicks called as
WIness after he had sat a. the District Attorneys
elbow and suggested questions 10 PROFOUND to our
would not have been able TO pec6nefIe II his co
sclence with the statement under oath that the de-
! Foster. his own alienist. to express an opinion
/ upon the defendants Hypothetical question? He
| asked the other doctors: why not Dr. Foster?
All, he knew far much TO ask him. The sane
| tity Of the oath would have prevented DR.. Foster
from claiming Captain Hams insane IL the
| defendant,s hypothetical question had been pro-
Mr.. Mcintyre called the iur-s attention n the
causes which the defence asserts contributed 10 the
| unbalancing of Captain Hains's mind. Then he be-
Titled the evidence introduced by the people 10
| show that the defendant vas sane. Gentlemen.
do not believe you would condemn dog on such
testimony In closing his plea, he said:
We are about TO place this defendants rfe IN
your hands I ask you to acquit him all the
facts in this case to let him in the interests of
all justice. and not 10 strip from him the uniform
of an American soldier and substitute the stripes
father @ afs you 10 10 et nun ge 61fk d to his old
the name of the love that you bear your own to
! let him 90.
Mr. Mcintyre had spoken three hours and forty
five minutes.
Mr.. Gregg early in his address took up the
rnony regarding the converse tons held by Captain
Hams with Lieutenant Andruss. with DR.. Jarrett
and others during the time the defences witnesses
had sworn he irrational On May 81 Or.
Jarrett testified that Captain Hams only talked
coherently with him. but introduced Thornton
Hams to him. 1T is a very convenient defence
70 be insane the moment Of a crime" he said.
He continued:
I don't believe there is juror IN the box who
will give any credit 10 Thornton Jenkins Hains's
testimony, He witness. and you do not have