The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1909-05-01
THORNTON ]. HAMS
DEFIANT ON STAND
For Third Time in His Life
He Figures in Trial.
GIVES A DRAMATIC RECITAL
witness for Brother Follows Aged
Father on Sssnd-JudGe Promptly
Checks Him When He Seeks to
Give Graphic IIIustrations-Maj.
Hams to Be the Next Witness.

New York, April se-Thornton Jenkins
Hams. the writer Of tales Of raw life on
the seas. was reminded with sudden
brutalness to-day that for the third time
IN his life he was for the minute the
chief figure in a murder trial This was
after be had taken the witness stand IN
behalf Of his brother. Capt Peter c.
Hams. jr-. on trial for the murder Of
William z. Annis in the Supreme Court
Il Flushing.
Said District Attorney De Witt. as the
first question of his cross-examination:
Thornton Hams. did you not shoot 10
death Edward Hannegan in a rowboat on
Hampton Roads on June S. 1Ss1?''
a fighting CLINT suddenly shone from
the eyes Of the fiction writer, he tight
ened his grip on the arms OF the witness
chair. and thrust out his jaw, but John
F. Mcintyre. chief counsel for the de-
tense was before him He jumped TO
his feet and held I'd hand 10 check the
retort that was on the lips OF the wit
ness while he addressed the court.
II your honors please, move that this
outrageously Improper question be strick-
en- from the record. and that in view Of
its effect upon the jury that you give
permission 70 withdraw one juryman and
declare the present action a mistriaL'
MiStrIaI Is Denied.
Justice Garretson promptly granted the
first motion and denied the second look
ing toward the adjudgment OF q mistrial.
The district attorney did not press his
point having achieved the effect he
wished TO produce on the jury by his
startling coup. The effect wrought upon
the witness was IN lpe with what the
district attorney wanted.
Thornton Hams, who had announced
after a jury acquitted him Of the muir
der charge which now rests against his
brother that he would do the same thing
he had done at Bayside last August II
circumstances warranted IL, had under
gone the direct examiT alton BY McIn-
tyre with strong willed self assurance.
amounting at times even TO yelled hos
tility.
He seemed to be ready TO meet the
CTOss-fiTe OF the district attorney almost
jaUntily. but the first question, recalling
the first time that he had been tried for
murder. reused his anger and the sttOr-
neys for his brothers defense had good
cause to be nervous during the continue
ton of the cross-examination.
Feared His ImpuISiveness
Mr.. Mcintyre had ordered Thornton
Hams out OF the room on Thursday.
served for the counsel. This afternoon
when the lawyer began his direct ex-
Z animation OF Thornton Hams he did il
with considerable caution. evidently fear
I ing that the man whom he defended last
winter would take the bit in his teeth
and lay the defense open TO damaging
/ cross-examination Thornton Hams went
on just al the close 81 the morning ses-
sion after his father had left the stand.
I He vas in hot water inside OF ter min
utes.
Mcintyre had asked him 10 describe the
/ demeanor and reclte 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
I had made 20 him. The witness drew his
/ heavy cheeks into a set leer. half arose
/ from his chair. and shouted in a harsh
yell.
/ 7 apologize: 7 apologize; It's all right
4 you're right: Claudia has told me all"
Justice Garretson was prompt 70
scuelch the witness.
Evidence must not be given in that
1 theatrical manner, he said. This is not
/ the place for such demonstrations"
The witness apOlogized. while his IN
/ terrOgatOr tried 10 convince the judge
/ that such graphic illuTtrstions OF q man
4 some mad were permissible.
/ Mcintyre. who showed considerable
worriment over the tendency Of his wit
ness to tell more than was asked OF him.
! led him through all Of The happenings Of
/ August Is. the day Of the shooting. down
l 10 the time when Thornton Hams and his
] brother were standing on the dock OF the
( Bayside Yacht Club and the name Of
( Annis was mentioned. There the attor-
ney abruptly stopped this line Of direct
I questioning. thereby effectually shutting
I cut the district attorney from digging
/ into this matter on cross-eXaminatiOn.
Makes Minor Contradiction.
The cross-examination began at 4
o'clock and was checked by the adjourn
ment OF court at O'Clock De Witt led
the witness to say that. as far as he
knew. his father. the general. had been
I the one first to breach the subject OF a
divorce for Capt Hams. He succeeded
( IN forcing him to contradict his father in
a minor point Of testimony relative 10
/ the actions Of his brother and himself on
I the day before the shooting but beyond
/ that ThorntOn's direct testimony was IN
/ the main mistaken
j In the cross-examination Of Gen. Hams.
which was completed shortly before the
noon recess, De Witt tried to have the
witness say that the demeanor and &C
/ tons OF Capt Hams during his troub-
loUs times cited in the direct examination
were not irrational He succeeded only
in a few Instances. Gen Hams story
remained substantially unassailed
The cToss-examination OF Thornton
Hams viii continue during the halliday
session tomorrow. Maj Hams is to be
the next witness.