Evening star., 1909-04-20
'SLOW WORK ON JURY
Box Still Ten Men Short in
Hains Case.
MAY NEVER REACH TRIAL
Attorney for Prisoner Predicts a
Commission in Lunacy.
RIDES TO COURT IN A CART
Unusual Expedient Employed by the
Sheriff When Trolley Car Broke
Down-Letters in Evidence.

FLUSHING, N. Y, April oo-A speedy
conclusion of the trial of Capt Peter c.
Hams. jr., for the killing of William E.
Annis. through the appointment of
commission to inquire into the defendants
sanity. was predicted today by counsel
for the defense.
This case will never reach the jury"
said Daniel O'Reilly. one of the attorneys
for the defendant. land the appointment
of commission in lunacy to determine
the prisoners sanity is, in my opinion,
inevitable
Mr.. O'Reilly's statement was made
shortly before the convening of court for
the second day of the trial before Su-
preme Court Justice Garretson here. Two
jurors in the box were the net result of
the first days session, and today the
work of examining additional talesmen
was at once taken up. If the expecta-
ton Of Capt. Hams counsel is realized
the trial will not last more than a day
or two after the jury box is filled. When
the presentation of the peoples case is
concluded it is believed by Capt Hams
attorneys that the district attorney will
ask for commission.
Twenty-Five talesmen were examined at
this mornings session without the selec
ton of another juror. 1t was difficult to
find a man who did not entertain biased
opinion or prejudice against the de-
fense OF insanity. Justice Garretson often
questioned the talesmen in regard to their
opinions, but his efforts did not seem to
facilitate matters.
To Omit Annis' Name.
According to John E. Mcintyre, chief
Of counsel for the defense. Capt. Hams is
in cto NP nj pl c,,I,
ject to an outbreak at any time. In this
condition the accused does not know
what is going on. and knows nothing Of
There is one word which may arouse him
and that is the name "Annis."
Acting on the advice of DR.. L. s. Man
son, Capt. Hams physician, Mr.. McIn-
to omit the name Annis whenever posi-
BILE during the coming trial. Hereafter
the man whom Capt. Hams shot will be
referred to as ''the deceased"
Mr.. Mcintyre will devote his entire at-
tention to proving the captain insane. He
will call witnesses reviewing the entire
life Of the accused to show that the
captains mind has never been normal.
The children Of the defendant, accord
ing to his counsers present plans, will
be called. In the event OF Mrs. Hains
coming from New England this will bring
the entire family in the courtroom and
will create one of the most novel situa-
tions ever recorded In a murder trial.
The negro porter who accompanied
Capt. Hams across the continent from
San Francisco after the receipt Of his
wife's letters is another witness to be
called. II available. He will testify. said
MIR. Mcintyre. as to the actions OF the
accused during that trip. 1t is said that
Capt. Hams spent entire days and nights
in tramping up and down the car like
the crazy man his lawyers hope to prove
him. If possible testimony tending to
show an ancestral taint will be intro
duced.
Letters in Evidence.
"If Claudia Hams is called to the
stand.' said Mr.. Mcintyre today, I'VE
will introduce certain letters. not yet
made public, written by William E. Annis
to Mrs Hams while her husband was
in the Philippines. There are about ten
of these
Mr.. Mcintyre said that only in the
event of Mrs. Hams being called to the
stand will these letters be produced. I'VE
could not use them under other circum-
stances" he added.
The defense has intimated that the
prosecution has possession of certain let
ters which passed between Capt Hams
pines, but that they are "all of a very
loving nature" District Attorney Dewitt
says that he has no letters written by
Mrs Claudia Hams to her husband, but
declined to deny that he had some sent
by the captain to her.
The defendant slept soundly In his cell
last night, according to Under Sheriff
Phillips. He had a new experience on
the way to court this morning. The troll
ley car which started out with him. broke
down at Jefferson and Jackson avenues,
Long Island City, and butcher cart was
engaged to take the defendant the rest of
the way. Mounted the seat between
Warden O'Brien and Under Sheriff Phil
lips, Capt. Hams was driven about four
miles into Flushing. 1t was perhaps the
most peculiar journey ever made by a
prisoner on trial for his life to a court
house. He arrived at 1910 o'clock