The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-08-20
ACCUSES HAINS'S WIFE AGAIN
MJRDERER'S LAWYER ExPL AIMS
INSANITY DEFENCE.
Says He VIII Prove ina Annis. Whesn Army
Man Killed. Was Father Of Mrs Hains's
Last Chiid-"DeubIe Emetisnai snsazs
ity' May he the Plea-Brethers Held.

Insanity will be the defence put forward
on behalf of Capt. Peter G. Hams end
perhaps Of his brother. T. Jenkins Hanss
when they are placed OIL trial for the murder
Of William E. Annis, according 10 q etate-
ment made last night by former AaalstAtt
District Attorney John F. Mcfntyro. who
was retained yesterday as chief counsel Tor
the defence.
Either emotional insanity will be ths
plea made for each Of the brothers "
else the defence will contend that Capt
Hams was insane at the time Of the ehootinG
and that his brother drew q revolver ard
to all Appearances aided and abetted IN
the commission Of tho crime for tho sole
purpose Of protecting his brother. Thu
lawyers for the defence have not yet dsfs
nitely decided which plea will be entered.
but 1t was stated that either one or tAs
other would be utilized.
The inquest into the death Of Annis wAs
held last night in the town hall at Flushing. ,
Coroner Amber presiding. The polics,
turned away hundreds who were olamorinn
at the doors and when the hearing was
begun at s:as the room was packed, Dis-
trict Attorney Darrin appeared for the
prosecution and Mr.. Mcintyre, assisted
by Joseph 8. Shay and ex-Distriot Attofnsy
George Young Of Queens county. looked
after the interests Of the prisoners. Only
two witnesses were put on the stand, Charles
H. Roberts, a member Of the Bay Side Yacht
Club, who saw the shooting, and Coroner's
Physician Walter c. Frey, who made an
autopsy on the body.
The proceedings lasted twenty minutes.
and after remaining out the same length
Of time the jury returned with q verdiot
that William E. Aunis had come to bic
death at the hands OF Capt. Peter Conovsr
Hams. Jr.. and asked that he DO hsld
without bail for the action OF the Grsnd
Jury. The jury also found that Thornton
Jenkins Hams aided and allotted In the
commission OF the crime and urged that
he also be remanded without bail along with
his brother.
There was an outburst Of applause from
several parts Of the court room when b
verdict was announced. but It was quickly
checked by Coroner Amber. who rapped
his gavel vigorously on the desk and warned
those present that he would stand for no
demonstration.
Before Coroner Amber convened the NJ
quest Mr.. MoFntyre made q 'statenat9f 70
tho newspaper men outlining the doeenoA
He said that he and the lawyers assocteted
with him had talked with both the Hains
brothers and that they were convinced
beyond a doubt that the army officer II In
sane.
His mind Ia still too far gone,' Mr..
Mcintyre explained. He appears 70 have
no memory Of what happened just prior
to the shooting or Of the shooting itself.
His case is analogous to that Of David
Hannegan. who was acquitted on tho charge
Of murder for the killing Of Solomon Mann
This Hannegan case was one which Mr..
Mcintyre prosecuted as Assistant District
Attorney. Hannegan killed Solomon II.
Mann on May 20. 1895. was indicted the next
month and was tried in the following No
vember. Witnesses for the defence testi-
fed that Mann had seduoed Hannegap's
sister. and for the first time among the
famous murder cases Of this country In
sanity was pleaded as q defence. The jury
brought in q verdict OF not guilty on that
ground on November 20 and Hanncgan was
committed to the P~oughkeepsie Insane
Asylum. from which he later was released.
Mr.. Mcintyre said last night that the
cause Of Capt. Hains's mental
was the answer which MrA
Hams fled to the bill OF complaint made
against her by her husband in the divorce
suit which he had instituted. In her anewer
Mrs. Hams charged that the army officer
was morally deprsvod. and Mr.. Mcintyre
that the Captain was positive that
this allegation was inspired by Annis. The
Captain received his wife's answer two \
or three days. Mr.. Mcintyre did not rs-
which. before the shooting. snd
the defence will attempt TO show at the
trial that Capt. Hams wasn't the Same man
after these startling accusations were
made.
Mr.. Mcintyre also said that events besd-
ing up to his suit against his Wife % preyed
upon his mind that he became mentally
The confession Of the wife.
which Mr.. Mcintyre said he has looked up
In his safe, 80 affected him that he wssn't
for anything he did, Add
when this was followed by the charges thai
wa a degenerate, and convinced that
they were the work Of Annis, his mind gave
way completely.
1t wal stated positively by Mr.. McIntyrs
that Mrs. .Hains's nineteen-months-oh
child. which 10 now with the army ofiosr's
at Fort Hancock, 10 illegittmsts
and thai Mr.. Annis was the father of "
The lawyers say they can prove oonciu-
that this fect 10 true. and TO strenSthm
their statement Mr.. Mcintyre ~annoupced
last night that Mira. Hams can have the
child and that the army officers family !
az well as himself win be only too willing 70
part with 1t!
This alleged fact alone, Mr.. McIptyrs !,
contends. was enough to drive Capt. Hains
mad. Then, when the Captain returned
from the Pacific last May he found his
wife. Mr., Mcintyre says, III from thu eGects
Of o criminal operation which had besn
performed upon her In a sanitariana on
avenue, this city.
While Mr.. Mcintyre would not 20 into
details as to what Mrs. Hains's confession
it became known that In the con,
fession Mrs. Hams Acknowledges that Annls
was the father Of her youngest child. .Ac-k