The sun., 1908-10-01
mrs. HAIUS'S FIGHT BEGUN
ISKS SUPREME COCRT TOR HER
CHILDREN AND ALIaONt.

o. Aalssa,ttl ~ lle aulmiiled wife ~
tHHis's slayer Wtlt say she lsae ten
feasiaR Whiie BVuaaea IEtteFs ~
tIsfvWee IItsVuted ease ~ tssHsiat
Mrs. Claudia Liberty iIains through her
attorney Prank q Wild, mads application
to the supreme Court In Kings county
yesterday morning for tho custody ~
her thres chil,lfgn. now Nv ths custody
~ uen and Mrs. Petsr &. Halns. the
parents ~ Capt. Haias, Rt Fort Han
COCK. and for temporary allmoay and
counsel fees pending the decialon of che
divorce sut winch was brought against
her ty Capt Bains before thc shooting
% Ansis.
Mrs IIalns's motion was IA have been
accompanied by ccrtaln afidavlta % q
character sald 90 bear directly upon the
evidence that will be taken In the trials
~ the Hains brot hers for murder. bat
her motion was nj imply marked sub
mltted' and all the motion papers are
10 be- handed 10 Justice Carr on Monday
next.
Tho postponement Of proceedings was
In accordance with an agreement be-
tween counsel for Mrs Hains and her
husband. When the lawyers went be-
fore Justice Carr, who had taken up
Justice Stapleton's calendar. the orig
inal suit having been brought In his
court, Mr.. Wild notified the Justice tha'
welton c. Percy, who was repre-
senting Capt. Hains. had notified him
that he wished to prepare and submit
further afiidayits requiring an answer
| from Mrs Hams. He was willing. Mfr.
wild said that the formal submission
OF all papers in the case should be post
poned until Monday. Mr.. Percy verified
Mr.. Wild's statement and the case was
put over.
davits to accompany her application
will contain n complete version of her
story regarding her relations with William
Z. Annis, upon which Capt. Hains brought
suit for divorce. and a general denial OF
all the allegations made against her
by her husband. 1t was reported in one
quarter yesterday that in her affidavit
Mrs. Hams will contend that she was
drugged at the time she made the confess
sion and that none of the letters now in
the hands of the Hams brothers defence
and purporting to be correspondence
between Annis and herself was written
by her. ,
that will subsequently appear in Capt.
Hains's defence on the murder charge
Lawyer John F. Mcintyre and the others
who have undertaken the defence Of the
Hains brothers will have great interest
in it's contents.
When asked concerning the contents OF
Mrs. Hains's atfidavits yesterday Mr.. |
Wild said:
while this motion is pending before the |
Court it would he the height of improperly |
for counsel to exhibit the papers in the |
press or to divulge their contents, and coun- |
sci for Mrs. Hains feel that for her to |
make a statement to the press during this
time would he equally improper. We
shall not therefore show tha papers |
10 any one or discuss them in any way |
and Mrs. Hains will make no statement |
for the press at this time
submit on Monday Mr.. Percy would not |
divulge. He said that 1t was not true
as reported, that he would fight argu- |
ment on the motions at the present time |
for fear that Mrs. Hains's lawyers would |
force Capt. Hains 8 counsel to expose what
may be Bart of theiE Ea scheme ain,S Tor his ae
argument on the motions and counter
motions submitted he would be ready !
to plead his clients case, said Capt. Hainss
attorney.
Since being removed from the influence
of his brother Capt Hains is said TO have
,
until now he is believed to be in normal
condition according TO District Attorney
Darrin. Ever since the two brothers
were locked up in the Queens county jail.
Long Islang City, District Attorney
Darrin unknown to either Of the pris-
oners, has had both under observation.
and he was led to give his opinion con-
cerning Capt Hams mental and physical !
condition owing 10 the fact that yesterday
subpnnas were issued for witnesses to !
appear before the Grand Jury, now in
session in that county. who will take up |
the Hains-An tragedy tomorrow morn
ing.
finement in Jail the brothers occupied
adjoining cells In the same corridor, |
and in consequence were in position to |
console each other. Later District At /
torney Darrin. much against the wishes
Of the defence, separated the brothers |
and had T. jenkins Hains placed in another |
corridor. 1t was following this change
that Mr.. Darrin says that Capt. Hains |
began to show marked Improvement. |
Just why this change should work such
change in the Captains mental and
physical condition the District Attorney
declined to discuss. He said:
Il have had careful observation |
made of Capt. Hains for some time. and |
recently he has shown great improve
ment both mentally and physically Ever !
since being removed from the lnnuenoe !
Of his brother the Captain has shown |
remarkable improvement so that to-day |
| consider that he is in normal condition !
both mentally and physically He does |
not at present show the slightest indica- |
ton Of mental weakness"
Starting out with eighty six felony
cases on the calendar, the present extraor- |.
dinary Queens county Grand Jury oon-
template finishing up their work Friday /.
by taking up the Hains case, While |
District Attorney Darrin refused to give /,
out list OF witnesses to be subppnaed !
in the Hains case. among them are Charles ,
II. Roberts OF Bay Side. who witnessed
tho shooting; Harvey g. Rockwell OF
Bay Side. with whom the Annis family /
we're spending the day at the time OF
the tragedy; DR.: Schmuck, who was
with Annis whom he died DIR. Walter q,
Frey, Cor oners physician; Policeman
Charles Baker. who arrested Capt Hains
and his brother. and NJ. Mcbride Of Man
haitian The indictments will be handed
in TO Justice Garretson In the Flushing
Supreme Court Saturday.