The sun., 1908-08-21
heard ard Of i before but did not believe suon

heard Sad Of M y t before but did not believe suoh
The lawyer added that he was convinced
that T.. Jenkins Hams never could be con-
'victed In the first degree, as he could show
by unimpeachable Witnesses the real err
and could prove that T. Jenkins, although
cognizant Of his brothers feelings toward
Mr.. Annis, had no idea that the Captain
would meet the man that day or that he
would shoot him II they, did meet. =,
h; ais brothsr & OF o. Cen = Esins sssooaia aaa
counsel at the trial. Mr.. Hains said yes
terdsy that the now denied charges against
Capt, Hains were ridiculous and unbe-
lievable.' He said that his younger brother
nature. Mr. hains repeated the story Of
the sending for the Captain because Of the
persistent gossip about Mrs. Hains and
said that before the Captain was summoned
Mrs, Hains had made a partial confession
TO the family: There were other points In
the gossip which had not yet been made
public. Mr. Hams said.
Mr.. Hains corroborated the statement
that the family feared that Capt. Hams
his mind evidently showing. the strain.
would kill Annis. and all talked TO him
suit which he had begun be his only re-
taliatlon.
Mr.. Hains said that T. Jenkins Hams
had been armed when he went to the club;
mot without good reason" but declined
at this time to explain his meaning,
MIR. Hams was noticeably considerate
in his mention of Mrs. Hains, and at the
conclusion Of his statement he said: Il
feel very sory for her" His attitude
IN this respect oontrasted forcibiy n y,,ahi VIII
into the case for the defence.
Mr.. Mcintyre announced yesterday that
expert testimony would be presented for
the defence just what elienists would be
called, he said. had not yet been decided
upon.
District Attorney Darrin. in comment
ing on the statements Of the attorneys
for the prisoners. said yesterday that he
was glad TO get line on the defence to be
offered. Mr. Darrin said that he believed
he would be able to prove both brothers
aThe trial Of the Hains brothers will
not be repetition Of the Harry Thsw case.
To begin with. i do not think Queens
defence. The case Is so plain against
the prisoners that there win DO no neces-
sity for long drawn out trial or great
expenditure Of money another thing that
Queens county will not tolerate: =,
to assist him, Mr.. Darrin said thai he could
not do 80 unless his Office procured some
money from the Comptroller. Mr.. Darrin
said that his entire Office was allowed but
81 900 a year for expenses and that 90 600
Of this already had been spent this year.
Five other persons besides the Hainses
were awaiting trial for murder In Queens
county, he said. and besides this there
would be the SECURING Of gambling evi-
dence at this falls track meetings TO use
up the Offices scanty funds. The District
Attorney said he should see Comptroller
Metz about an additional appropriation.
Replying to the defence's claim that 7.
Jenkins Hains tried only to protect his
brother. Mr.. Darrin said he would be able
to prove otherwise by ss many witnesses
as the Court would allow him to put on.
Capt. Hams. the District Attorney said,
already is beginning to realize the enormity
Of his crime.
1t is to this belated realization that Mr.,
Darrin attributes the Captain's reported
mental lpeculiarities, II they. exist, which the
Distri ictAttorney after hearing from the jail
physician, DR.. Clarence N. Platt, is in
clined to doubt The District Attorney
pointed out that nothing was heard or
had been engaged and the defence Of in
sanity decided upon.