The Barre daily times. (Barre, Vt.) 1897-1959, 1908-10-20
NO ALIMONY
/. FOR MRS. HAMS
Her Petition in Divorce
Case
IS TURNED DOWN in COURT
In an AFFIDAVIT in Reply to Her Hus-
bands Divorce Suit, She Makes
Serious Charges Against
His Brother.
IS TURNED DOWN IN COURT

New York, Oct. 2O.--The application
Of Mrs. Claudia L. Hams for alimony
and counsel fees to defend suit for
divorce brought by Capt Peter G. Hams,
of the United States army, who is held
for killing William 4. Annis, was dc.
MED by Justice Carr in Brooklyn yes.
terday. Mrs. Hams request that she
be granted the custody OF her children
was also denied
Annie was named as correspondent in
Capt. Hams suit for divorce. Justice
Carr said that Capt. Hams has no means
from which TO pay either alimony or
counsel fees, as his salary has been sus-
pended since his imprisonment and his
own small means are needed for his own
defense, The eourt also gave as rea.
son that Mrs. Hams is in a comfortable
home with her parents in Massachu-
sets,
"As to the custody Of the children"
said Justice Carr, "a similar embarrass.
ment exists. The children are with the
fathers parents outside this state, and
the defendant has no home in this state
and declares that ii she gets possession
Of the children she will take them to
Massachusetts,
Mrs Hams was given permission TO re.
new her application If the conditions
change enough TO warrant it.
Mrs Hams affidavit in reply to her
husbands divorce suit was made public
Yesterday. In It she declared that when
Capt. Hams returned from San Fran
cisco to Fort Hancock, on Sandy Hook,
on May % last, he accused her Of init.
macy with William r. Annis. basing his
allegation on a letter which Capt Hams
said he had received from his brother,
7. Jenkins Hams. Mrs. Hams denied
the accusation and at her suggestion
Capt Hams invited Annis to their home,
after which all three went to Coney Is.
land in Annis' automobile
After they returned, Mrs Hams AYERS,
the captain and Annis sat up until 3
a. m, drinking and smoking, and seemed
very friendly. She declares Capt. Hains
did not show bis brothers letter TO
Annis, nor ask ham to explain the
charges
On the following day, Mrs. Hains said,
j. C. Hams; returned at a. m on
June /, pulled her out Of bed, and again
accused her Of having relations with
Annis and threatened TO shoot her.
Gen. Hams called that day. Mrs Hams
asserted, and upon hearing the captains
accusations, said he would shoot Annis
on sight Later that day Capt Hams
brother called with lawyer and asked
her lot Of questions while she was
dazed.
At the solicitation of T. Jenkins Hams,
Mrs Hams said, she took a drink Of
whiskey, and then, at her husbands
order, signed a paper which was not read
to her. This, she believes was the con,
fession which they say she made
That night the post surgeon and some
friends came and treated her for a wound
over the eye, which Mrs. Hams said she
received fromd the captain, Early the
following morning. Capt. Hams and his
brother entered. and. with pistol, drove
them out My husband told me-" Mrs
Hams declared, that | would have to
get out OF the house the next day, and
if my mother would not take me /
should 90 and live with Annis, As my
husband dropped his pistol to the floor,
his brother said: Save that for the
other party"
Continuing, Mrs. Hams denied that
she had been guilty Of any improperly |
with Mr. Annis, and concluded: Il be-
lieye that my husbands act and the
charges which he has made against me
have been prompted by his brother, 7. |
Jenkins Hams, who threatened to in.
iuro me for refusing his advances. He
sndeayored several times while my hus-
band was away to make advances, go.
ing so far as to enter my room. re-
pulsed him, and he declared he would
be avenged"