Los Angeles herald., 1908-10-20
DENIES REQUEST
OF MRS. HAMS
JUDGE REFUSES WIFE OF AN
MIS- SLAYER ALIM0NY
MUST PAY COSTS OF HER OWN
DIVORCE CASE
woman's Affidavit is Made Public
and Charges 5rother-in-Law
with Responsibility
for Tragedy
rnn Associated Press.l

NEW YORK. oct. 19.-The apphca-
49,, of MRS claudia Hains for alimony
and counsel fees to defend suit lot
divorce brought by Capt. Peter -
Hains. ir.. awaiting trial for KllIins
William e. Annis, was denleo ny Jus
tice Carr in Brooklyn TO-DAY ~ ha
Mrs Hams request that sne pe
granted the custody of her children
was also denied.
Annis was named as correspondent
IN Cant Hams suit for divorce.
Mrs Hams affidavit in reply to her
bnsband's divorce suit was made puplc
TODAY. In it she declared when Cap.'
Hains returned from San Franclsco 90 90
Fort Hancock on Sandy HOOK May 20
last he accused her of intimacy VIZ VII
William E. Annis, basing ms ateS Tn3os
+;ons on q letter which Capt. Hams
said he had received from MS
Thomas jenkins Hams.
Mrs. Hains denied the accusation anu
at her suggestion Capt. Hams inYlleu ~
Annis to their home, atter WhlcIi IA
three went riding in Annis' autolnople-
After they returned Mrs. Hains AYERS
the captain and Annis sat up unth o
a M, drinking and smoking ana
seemed friendly.
Did Not Show Letter
She declared Capt. Hams did not
chow his brothers letter to Annls nor
asl, him to explain the charges.
On the following day, Mrs: Hams
said her husband went to call on ms
father. Gen. P. c. Hains. He returneo
at 2 a. M, June l, and pulling ner Uus
of bed again accused her OF naNtne
had relations with Annis and tnreat-
ened to shoot her ,ruu
Gen Hains called that day. Mrs.
Hains asserted, and upon hearing tne
captain's accusations said he Wouio
shoot Annis on sight.
Later that day Capt. Hams brother;
n 7 Hains called with lawyer ana
asked her a lot of questions whlle sne
was dazed At the solicitation OF 1. ).
Hams. Mrs. Hams said, she TOOK
drink of whisky, and then at her nus
bands order signed a paper whlcn was
not read to her. This, she belieVos'
was the confession which they say she
made. a
some friends treated her for the rye
which Mrs. Hains said she received
from the captain.
Enters with Gun
Early the following morning Capt.
Hains and his brother, entered ana WIN
a pistol drove them out.
INV husband told me-" Mrs. Hams
declared, that I would have to get
out of the house the next day ana II
my mother would not take me l shoulo
90 and live with Annis. AS my nus
band dropped his pistol on tne hooi
his brother said:
/" save that for the other party"
Continuing, Mrs. Hams denied she
had been guilty of any Improperly
with Annis, and concluded:
"T believe that my husbands act
and the charges which he has made
against me have been prompted by MS
brother, T. Jenkins Hams, who threat
ened TO iniure me for refusing his
advances. He endeavored several
times while my husband was away to
make advances, going so far as to
enter nv room. 1 repulsed him ana
he declared that he would be re-
venged."
Husband Moneyless?
Justice Carr in his decision said that
Cant. Hams had no means from which
to pay either alinony or counsel fees
as his salary has been suspended since
his IMPRISONMENT and his own small
means are needed for his own defense.
The court also gave as reason that
Mrs. Hains is in comfortable nome
with her parents in Massachusetts. .,
GAS to the custody of the children,
said Justice Carr, "a similar embar-
rassment exists. The children are with
the fathers parents outside this state
and the defendant has no home in this
state and declares that If she gets
nossession of the children she will take
them to Massachusetts. feel it mad
visable at this moment to disturb the
situation"
Mrs. Hams was given permission to
renew her application if the conditions
change enough to warrant it.