The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-08-20

yn2t s001hlO OmOtlO0hi INSANITY wiz w
s6spleS. 10 pointed out that Capt. Hains
s Tss sSSes iDssns, I Ssa IKE sfeot of unbai..
fDdkE' ths mihdNof the naurderer. While
800 not me- SaS 7. senkin ns.d Hams ~ tSs
Nrtef when he dyelt on this master mind.
I III. Shay said that the dominating spirit
}Whtch inspired the shooting 90 Allotted
Capt. Hams that he was absolutely, CON
iucnoe. While emotional insanity is not
la new plea in local courts, double emo
tional insanity Ia. without PRECEDENCE in
1.-THE criminal annals Of this or any other
n, however. the double insanity plea
sahoald be abandoned by the defence they
viii ettempt to provo that Capt. hams
vas insane at the time Of the shooting and
that his brother, T. Jenkins Hains. drew
k6hs revolver to protect his brother;
Ths defence seemed to established a
rood point in this connection at the in
Quest last night when Charles II. Roberts
WAS put on the stand. The witness testi,
Eied thathe wason the pier and heard several
kahots fred. He didn't know how many.
tHs said be rushed to the float and saw
t0aptain Hams bending over Annis and
SsssassSnniinassaa Pf By Z Mr.. fe Mcintyre "a the Witness faSss,
admitted that didn't remember whether
ppr not the Captain had ceased firing 7.
Henkins Hains had thrust q revolver in
tnfr. Roberts's faoe and the witness wasn't
buuits sure whether at that time the last
E6hot had been fired. a.,
On this DO int the defence may contend
Ethat T. jenkins Hams did not aim HIS re-
Es.0t sSs a. a. mr. Until ko s}ss1 si or b aoy er b sas c Ssns1s
E9ring. and then only TO protect his brother
Efrom any attack that might be made upon
Ehim by Mr.. Annis's friends. .
4 Mr., Roberts testified that the report OF
SkAe shots sounded like tirecraokers and
fthat he didn't know whet had happened
snnsil he heard Mrs. Annis cry out, Look
Eout, Will.
sAs / started tow ard the landing and was
hhals way across the float" MIR. Roberts
Es5said. aCapt. Hainss brother steppei he
Etween me and the captain and said; Keep
ssa, or III kill you
Il In croes-examininr the witness MI;
HAsoIntyre asked IL Mr.. Roberts noticed
%&hs expression ON The faces OF the italns
Ehrothcrs at the time OF the shooting. )is-
Htslot Attorney Darrin entered all !oh'cctinn,
Ncontending that the question was irrelevant.
sAnd this was sustained by Coroner \ ~ Ter
Coroner's Physician Frey testified that
Hehere were twenty distinct wounds 10 AnDis's
Ebody, although 1t is known that only Dine
eshots were fired. The physician said that
Don the autopsy not a bullet was found la the
Hbody, and he described in detail the wound
ifahat were inflicted.
Il The Hams brothers, manecled to each
jFother, WINGED as DIR. Frey cont ntied his
Itdescription OF how the terrific Velocity OF
1.-The bullets had mutilated the body. he
lftold the jury that the hemorrhages CAUSED
Rby the wounds and shock we're the imme-
date causes Of death.
innony Mr.. Mcintyre asked for the discharge
81 r. Jenkins Hams on the ground that he
Twas not an accessory TO the crime and that
Ehe had merely drawn q revolver in the de-
tsfepce Of his brother. He spoke very briefly
land then Coroner Amber charged the jury.
A coincidence that was noted by many
Fin. the court room was that there were
Ethirteen men in the jury box. This fact
49, 81 NhA ~ h..AtkAFa
but they apparently paid no attention to IL.
The jury filed out at five minutes Of 0, aud
I, returned at a quarter past with a verdict
holding the two brothers.
Throughout the proceedings the Hainses
Showed Indifference IN everything that went
on. The Captain apparently was intensely
nervous and rarely lifted his head. keeping
his gaze fixed ON the floor. Once in a while
IT.. Jenkins wouli look al FOUND. and Thiie
he did not appear to be nervous 1t was eri.
dent that be was Disconnected at the glances
from the crowd in the court rom.
There Ia q balcony at the south end Of
the court room, and here q camera brigade
was lined up After the inquest had gone
] on for ten minutes a court ofhcer announced
that q fiashlight picture would be taken,
and told everybody, to remain seated and
soowled and whispered to his brother,
who almoet bent to the floor in his effort
to hide his face.
T. Jenkins covered his own face with
his straw hat. The photographers, seeing
that they would be unable just then to get
the picture. waited a minute. and finally.
the brothers retaining their position. the
fash was set Oh. =.
y After the verdict had been announced
T. Jenkins Hams was asked by newspaper
men il no would like TO make a statement.
I'D like to get hold OF those photcR-
raphersfor a few minutes" ne said. I'D deal
with theml' He went on to say. I'D X
Ito tell you what you want 10 know, but l
can't. I'm in the haads Of my lawyers,
U am perfectly contented. l am satisfied
that right has been done"
A reporter asked Jenkins if in the same
circumsta noes he would do the same thing
again and he was Just about to reply when
Mr.. Mcintyre stopped him.. 1. Jenkins
indicated that he was eyer to tall but his
counsel warned him that ne had said enough.
Gen. Hams was not pres INT at tho In"
quest last night. but his oil lest son. Major
John Powell Hams, SIT directly across from
his brothers. Major Hams WAS asked
IL he believed that 4. JENKINS had iustigated
the shooting ana replied in the negative.
Thornton and 1 t1cd for a long time,
as did my mother and the General. to dis
suade the Captain from slooun Annis.
But for that Peter would have snot him
The Major was sskeI If he did not consider
the murder q 90 wardlytieei, in that Annis
had not been allowe1 a chance to defend
himself.
sOnce | was stationed at Fort Riley
the Major replied, and l woke up and
found a snake in my boot. What did l do9
ibid ] give him a chance? No. l shot him,
And Peter? He found a snake in his home
and he didn't give him a chance"
Before leaving the court room Lawyer
Mcintyre again spoke to the newspaper
,men about the proposed plea OF insanity.
There is no reason why a plea Of double
emotional insanity should not hold he
i}eaid, for both men were placed under the
same mental stress III
GnMr. Mcintyre added that when Capt.
Hams learned Of his wife's infdelity upon
HIhis return from the Pacific he exactei
iHrom her an oral confession in the pres
Canoe Of four persons, one Of whom, he
1said, was a reputable member of the bar.
}This lawyer drew up a written confession.
(which was signed IN the presence Of six
witnesses. 1t was only a lew weeks later,
1Mr. Mcintyre said, that Mrs. Hams went TO
Ithe Lexington avenue sanitarium.
When the inquest was over Sheriff Har-
Smon and Detective Butler led the prisoners
hut Of the court room through a side door,
HThere a large crowd had gathered TO zee
Them at closer range. The Sherih and the