New-York tribune., 1908-09-01
BOLSTER INSANITY PLEA.
Hains's Lasoyers Tell Hoso Captain
14cted on Hearing Wife's Story.

Another story of how Captain Hains's mind broke
down after the alleged confession of Mrs. Claudia
Hains of her relations with William E. Annis
was given out by Joseph A. Shay, of counsel for
the defence yesterday. After the confession was
made. Mr.. Shay says, the captain would get down
on his knees before his mother. and buryfng his
head in her lap, would sob:
Why did you tell me, Claude? Why did you
tell me. Claudie?'
He raved against Annis Shay says, to his mother
until she saw that his mind was breaking down. and
then she and the general asked T. Jenkins Hams
TO watch his brother to keep him from commit
ting any rash act either against himself against
Annfs. AS the captains rawlings increased in vio-
ence and his grief became uncontrollable, the law
yer says, the mother nearly collapsed. When the
news reached her that Captain Hains had killed
Annis she was completely overcome.
For days she confined to her bed but
she is feeling much stronger and is anxious to
see her sons. Because of her advanced age and
feeble condition, General Hams has opposed this,
but he feels that it may soothe her to the
two again. The chief fear is that she may COL
lapse in JAIL and when she her physi-
clan will be of the party.
In a letter written to Captain Hains by a mem
Der of the family there is told how his son Peter
seven years old. met the suggestion of his mother
that he go away with her. This is how the Incl
dent is told in the letter.
Grandma, grandma the boy said when his
mother said she wanted him to go with her. Don't
let her take me away 1 want to stay with my
papa"
Don't fear Petite" the grandmother replied. IF
any OF you have to leave papa had better let
little Jack CO.
Little Jack is the baby, seventeen months old,
who was being cared for by T. Jenkins Hams
"Oh. Grandma the boy replied you surely
would not let Jack leave papa. Don't let him go
That would be dreadful We must keep little Jack
for papa.
Come and stand with me. Pete?' his mother
asked him at this point.
NO" said the little boy. 81 don't want stand
by you I am going TO stand by my papa. He
needs me-
Mr. Shay says that this shows how the Hams
family from eldest to youngest, love each other
in the same way the act of Captain Hams in
shielding his father from the bullets of the enemy
in Porto Rico and the loyal way in which Tony
Hains has stuck by his brother after his marital
troubles discovered.
John F. Mcintyre, senior counsel, was out Of
town yesterday. and will not be back until to-mor-
row. when he expects to have the story of Charles
A Curtis corroborated.
District Attorney DARN announced yesterday
that would call the of the state against
the two Hams brothers on Monday, October D,
apparently counting an immediate indictment
from the grand jury to preside over which Justice
Garretson has been especially designated. MI
Darrin has said right along that the would not
resemble the Thaw case at all. but he has already
seen Mr. Jerome several times to get pointers on
opposing insanity defence
Il intend to have frequent conferences with Mr..
Jerome" the District Attorney of Queens said yes
terday after leaving the District Attorney OF New
york. He has offered the services of his
office night and day. and am going TO pe gov
erned largely in the preparation of my case by
Mr. Jerome l do not think there is lawyer in
the whole country better qualified than he because
this case and the Thaw parallel each other IN
nnany instances. There are so many facts that
cannot keep them all my own mind. but those
,,bicb stand out most prominently have men
toned to Mr.. Jerome. OF course, after taxing ad-
vice right along I shall in the end use my own
judgement But I will take advantage OF MS AID
In preparing the case l am taxing aaVah'ase o'
avsrvthing that offers. For instance. we are tax
re the newspaper accounts from the day OF the
shooting TO the present. and taking the facts men
toned there and following them UP. to see what
is ir thera that is provabie. We expect the lhous-
Wv of the morning newspaper men to be OF value
80 -. and whatever we find that they have turned
mn and we can use. will use