The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1908-08-24
BRAIN.ST0RM
PLEAS NO MORE
THAW CASE NOT TO BE REpEAT
Ed IN THE HAMS TRIAL.
a Speedy and Fair Hearing rs What
the Brothers May Expect. Says
the Queens County District
Attorney

New York. Aug. 2a.- p.mc. Nuor
ne, Darriu of Queen county who
has charge Of the prosecution of the
Hams brothers in connection with the
killing of William r. A.. Juuouuc
ed today that Queens county would
not tolerate great Expenditure of
money iu trying the cI. urd that
there was no uccessil. ..r Iuus
drawn out trial Mn uuu coutiu-
urd.
"Thc trial Of the Hams brothers
viii not bc repetition OBJ. .hr Harry
Thaw ease. 10 begin v.I D go not
believe q Queens county jury Will
stand for q brain storm dy,ou.c. The
application which ! have SCENT 90 Gov
ornor Hughes. asking for special
grand jury, will, eNpcc' ID, lraut,d
and that the governor will name "a
Judge To preside who U.ll sco that
the Hams brothers have fair and
impartial trial. but AT the same time
with no unnecessary delay expect
10 be ready to try the yi,e at the
earliest date that can be fixed for the
trial, which may be SOM time iu Oc.
tober."
insanity will be- the defense put
forward on behalf Of Captain llaus
and perhaps Of his brother r. Jcu-
kins Hams, according to q statement
made today by John + Mcintyre. cx.
assistant district attorn,,. who has
been retained as chief counsel for the
defense
Either emotional insanity will be
pleaded for each of the brothers or
else the defense will contend that
Captain Hains was insane at the time
of the shooting and that his broth
er drew revolver and 70 all appear.
anCes aided and abetted in The com
mission of the crime for the sole pur.
pose Of protecting his brother The
lawyers for the defense have not yet
definitely decided which plea will be
entered
Mr. Mcintyre says that the events
leading up to the Hams suit against
his wife so prcyed upon Hams mind
that he became mentally unsouud.
The confession O; his wife. which Mr.
Mcintyre said he had locked mp I'm
his safe. so affected the captain that
he was not responsible for anything
he did.
II was asserted positively by Mr..
Mcintyre that Mrs. Hain's 1S-mouths.
old baby, which now is with the army
officers mother AT Fort Hancock. is
not Captain Hams child The law.
yers say they can prove conclusive
| ly that this fact is true, and to
! strengthen the statements Mr.. Mcln-
tyre announced today that Mrs Hains
can have the child. that the captains
family, as well as himself would be
only too willing to part with it. This
alleged fact was. Mr. Mcintyre con-
tends, alone enough To drive Captain
/ Hams insane.
When Captain lIaiu- returned from
/ the Pacific last May he found his
wife. Mr.. Mcintyre SAYS, III from the
| effects Of AN operation which had
oeen performed upon her at SAM.
| tarium ON Lexington avenue in this
city. While Mr.. Mcintyre would not
20 into detail as 10 what Mrs. Hams
onfession contains. 10 became known
| nat in the document Mrs Hams
/ acknowledges Annis i- the father OF
the youngest child Mr. Mcintyre also
confirmed the statement made by
Mrs. Hams father Charles H Libby
that the wife's answer to the divorce
proceedings, contained charges of i'm
moral conduct against her husband
Mrs Hams stood revealed today as
eager and willing 10 become recon
ciled to the father of her children
The woman would take her place as
wife at the side Of the captain
now and throughout the trial
The motive which has impelled hel
a ua.L al, I.r uehapE q ,