The Detroit times., 1909-01-09
CAPT. HAMS SANE
WHEN He KILLED
VIM. {. ANN|S
DETECTIVE FAllON so TESTi-
FLED IN REFERRING TO MES
SAGE SENT BY SLAYER-SE-
WE'RE BLOW FOR DEFENSE.

Mcintyre. senior counsel for the de-
tense In the trial OF I. Jenkins Hams.
charged with the murder OF William
f. Annis. made the surprising deciara'
ton today that he believed MIS-
Claudia Libbey Hams was attending
the hearing In disguise.
II believe Mrs. Hams was IN the
courtroom yesterday afternoon saiu
Mr.. Mcintyre. During the examina-
ton of DIR. L. Samuel Manson, WON.
an clothed In black and heavily veiied
entered the courtroom. she look
seat I'm the rear, near one OF the doors.
The moment | noticed her | felt rea'
sonably certain that she was Mrs
Hams"
With James Tierney. the only wit
ness 10 corroborate the story or
Thornton j. Hams, dying from pneu'
monia. the defense today decided 10
call the wives OF several members
of the Bayside Yacht club TO substan-
tate the defendants contention.
Henry Schleth. warden or the
Queens county Jail, the first witness
called by Darrin In rebuttal, declared
that on the night OF the coroners IN
quest he sat alongside Thornton Hams.
The defense insists that the police
man had no opportunity to hear the
defendant say, IF ] could, would
drag Annis back and shoot him
again"
After saying that he saw Hams only
momentartly, the jailer went away and
Eugene Fallon the detective who has
caused so much CONSERVATION In the
camp OF the defense. was called.
He said: Capt Hams after his ar
rest asked me II he could send some
messages to his father. Then ] gave
him some paper and he wrote a mes
sage"
The prosecutor then produced the
message that had been previously
barred and offered it in evidence.
T want 1t understood whatever
Peter c. Hams said or wrote can nave
no bearing on the guilt or innocence
of Thornton j. Hams Justice Crane
broke In to instruct the jury.
Mcintyre objected and fatty de-
clared that the captain had not writ
ten the messages
az saw him write H." declared Fal.
lon. and the paper was admitted.
ID read as follows:
GEN. PETER c. HAMS, q
Fort Hancock. N. j.
Have shot Annis Come to Flush
ing police station.
PETER.
Asked as to the captains mental
condition. the witness replied: HE
was rational"
Mcintyre began the cross-examina-
ton by having the policeman write
from dictation the message Peter sent
10 his father and which the defense in
sists Is forgery.
The original and Fallons admitted
copy were passed 10 the jury for In.
spection.
Several OF the men commented fully
on the similarity in handwriting.
Gen. Hams, with his son, Maj. Hams.
sat alongside the defendant, who show.
ed a marked nervousness as the EVIL
deHce OF Policeman Fallon piled up
against him.
On cross-examination he said he be-
lieved the telegraph operator had
copied the message when he sent IT,.
Frederick @. Leavitt, Of the yacht
club. recalled to show that Tierney,
the only one to corroborate the defend
ant. had not been on the float. said
he did not see him there, but was not
prepared to swear TO his absence.
Then Assistant Prosecutor James A.
Dayton was called to the stand for a
minute to declare that he had not
pointed out Tierney to the witnesses
for the state, and George Downs. who
ordered Thornton Hams to give up his
gun, was called and also testified that
he did not see Tierney.
Downs sprang a surprise In con-
tradicting the defendant by testifying
that Thornton Hams did say Send
for an officer" but that he said nothing
about protecting or taking care OF his
brother Asked IL he had ordered
Tierney of the float, he said: IL
didn't know Tierney that day: but I
did order every one off the float"