The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-01-12
OARR|N TO DEMAND
CONVICTION Of
7. J. HAMS
ELMER s. WHITE, ASSISTANT. DE.
FEATED-cAPT. HAMS WAS
PERFECTLY RATIONAL. TEST
FIEs PHYSICIAN.


ferences existing between Ira G. Oar
rim and his specially retained assist
ant, Elmer s. White, were brought To
head today when II was announced
that the former district attorney
would close the case against Thornton
J. Hams.
Justice Crane read recent decision
unfolding his ruling, barring the testi'
mony OF Lawyer Bennett in regard 10
the letter the defendant is said 10 have
sent summoning Peter Hams from the
Philippines.
DR.. Houghton, who attended Annis
before he died, was called To give i'm
portant testimony about the converse
ton Capt. Hams had with the dying
Annis before the wounded man was
taken from the float.
Capt Hams said. or course did
there Is no question about that, the
witness said.
Justice Crane allowed the declara
tor only as far as IL showed the men
tai condition OF Peter Hams. Il will
instruct the jury that the statement
can have no bearing on the guilt OF
innocence OF Thornton Hams Justice
Crane said.
Il have known James Tierney fol
some time" the witness said, but
did not see him on the fioat."
Capt Hams appeared perfectly ra
tional. DR.. Houghton said.
Attorney Mcintyre. on cross-exam
ination. tried to get the witness 10 SAL
that his work over the dying mar
would be so absorbing as 10 proven
his seeing much OF what else trans
pired OH the float, but the young ply
stefan stuck to IL that he had observed
carefully all he had testified TO. ex
cept that he couldn't swear Tierne!
was not on the float
| Leo Bugg. the real estate operator
was recalled and asked by Darrii
whether he had ever told the defend
ant that he could fnd him (Bugg) a
Bayside, on any Saturday. He replies
in the negative.
Andrew Delaphi, son OF the coloret
steward OF the Bayside Yacht club
was called, and James Delaphi. th'
father, was also put on the stand
Both denied that they had seen Tier
ney at the club on Aug. Is. as also diC
/ James j. Anak, q Russian boy VIII,
worked at the Bayside Yacht club.
Mrs. Annis Was There.
! Mrs. Florence Hill, the wife OF {
member OF the club, was next called
! She said she came 10 the club OH thu
1:40 train and declared positively tha
she had seen Mrs. Annis on the floa
when she got there. She said Mrs
Nesbit and Mrs. Harry Rockwell were
also there.
Mclntyre's objection was overruled
| Mrs. Hill was allowed TO say tina
she had seen the defendant and hi
! brother run down the dock and ais,
that she had seen Thornton Hams pu
his hand on the captains arm, but fur
Their than this, the prosecutor was no
allowed TO corroborate Mrs. Annis
story OF the part played by I. jenkins
Hams in the shooting.
Mrs. Nesbit was then called. Sh,
is a beautiful woman, with big blacl
eyes and was becomingly dressed IL
black. wearing hat which was
small replica OF the big black "merr,
widow" worn by Mrs. Annis while Oh
the stand. Mrs. Nesbit also testified
that she had seen Mrs. Annis on tn,
float together with the other womer
who. Mrs. Annis had testified, Wa.
there. The witness testified that she
had not seen James Tierney at the
club, although she knew him by gen
eral appearance.
Mrs. Margaret w. Rockwell, O
Flushing. also saw Mrs. Annis at the
club, and declared she had seen the
widow walk down the float at the tim.
OF the shooting.
When Mrs. Rockwell left the stanC
Darrin announced that the state rested
its side OF the case
Gen. Hains 10 Recalled.
After short consultation between
Mcintyre and his assistants. Gen
Peter c. Hams was recalled TO the
stand.
He was asked whether he could tel
where his son. T. jenkins Hams was
on Nov. 81, 1906.
He was on the high seas some
where near Panama" was the reply.
This was the date when the pistol
used by Capt Peter c, Hams was so,d
by the sporting goods house.
Special Prosecutor Darrin was call
ed and asked whether the physicians
who sat behind him during the cross
examination OF the deiense's experts
were not Drs. Foster and Flint. He
answered the question In the affirma
tive.
This called the jury's attention &C
the fact that the state had neglected Il
call its aliCnists To testify from the
stand AS TO the insanity OF Capt. Peter
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