New-York tribune., 1908-08-25

pecfaily Captain Hains. is expected TO be of great
value the defence
MAJOR Goetz has been employed in insanity de-
FENCES for many years, his first notable being
when he sustained successful insanity defences IL
the Patrick J. Hayes case. in 1884, and the Anna
ohie case, year and half later. Among other
things he devised the present ambulance system
in the army.
He said yesterday that when he examined Cap
tain Hains to-day he would not investigate so much
the actual shooting he would the general tenn
permanent of the and their behavior before
the shooting.
Among the various forms of insanity which have
Oeefl suggested in conversation by the alenists to
Mr. Mcintyre are several new varieties which have
not yet been tested before jury There is folie
q deuX. which would include both Captain Hams
and MS brother; 'foe communique. which might
be used If 1T became advisable show that Captain
Hainss mind became unbalanced through its asso-
clatiCn with another unbalanced mind 'fcle ilni
tatiVe.' which is similar. being when one insane
person imposes his conceptions the mind q an
otheT insane person. and 'fclie smultanee. " hich
is when any two persons become afflicted with in
sanity at practically the time and for prac-
ucally the same causes. Still another suggestion
has 'iclie sympathetique.' form of insanity usu-
ally the outcome OF disease other than in the brain
Mr. Mcintyre said yesterday that he will
ing 70 have Ars. Hams testify and If he found that
he had any legal right object he would surely
waive it. He said that n wife's tcstimony-or a
hlsbands-was Incompetent when it involved con-
nueflfiaI communications between the two. He said
that he was not sure that the confession and the
letters which he will introduce would be considered
to be of such character prohibit the wife from
tcstifyns
NO PRECEDENT. SAYS MINTYRE,
One difficulty he said in the preparation of a de-
fence that the was absolutely without
precedent which work. either in this country
or in the history OF English Jurisprudence These
letters Mr.. Mcintyre said. well the 'confes
WOnll be ic
introduced evidence the trial The plan of
defence. he went to say, will not be perfected
until tho middle of month. : counsel will do
nothing until that time except collect all sorts
of available evidence Then the will be built
Up. II has been decided that unless something
foreseen develops attempt viii be made to
show Captain Hanss insanity before and at the
time of the shooting. and show that T Jenkins
Hains did not know that his brother planned muir
der and did not aid him until after the murder had
been committed.
Il have not made single statement in this case"
Mr. Mcintyre said that have not sufficient evil
dence to prove. fortified all around in every
statement that has come from this office l would
not have said word about this confession the
letters have mentioned unless could make good.
Mrs. Hams will not be able to deny single state
ment which will mako in court"
1t was denied yesterday by all concerned that any
fund was being raised by army officers for the de-
fence of Captain Hans. Counsel said that it would
be pleasing TO them able confirm the story.
said that such fund would be pleasing show
Ing that the army still retained its confidence in
the captain. General Hams much Cheered yes
terday however. by the receipt of letters and tee
phone messages from all the posts about New York
and from several outside of this department, in
which army or pressed their sympathy FOR
the old general. Whether pecunary aid was prom
ised in any Of them not stated.
Although both sides getting expert testimony
and building up cases, District Attorney Ira
q. Darrin sent word down from Steuben County
yesterday that far lay in his power he would
keep the case free from any further sensation His
specfal assistant, James ". Dayton said the same
thing
thing like IT," Mr. Darrin said. according to dis
patch from Corning. They want no more sensa-
tIonalisrn and they will find il in this case II
MI Mcintyre and l prevent it
While MI Darrin went to Corning chiefiy 10 rest
he is improving the opportunity TO see lheuteh-
ant Andres who was at the post when Captain
Hams returned from the Philippines. and who may
be an important witness for the state
T Jenkins Hams gave out a statement yesterday
DENYING the story that he was the father OF chid
Of a French maid Marie Sulmande, and that he
had promised marry her
II was also denied by Mr.. Shay, for T Jenkins
ua5ns that the latter's sea record had any flaw
in IL Mr. Shay said that Hams had license No
q2o iesued ~ the Baltimore Customs House. ana
that the last vessel on which he sailed was the
steamship, Rarnstable of Middlebro"k England
for the West Indies The whole story of his career
as 2 seaman as we'll the story Of his bFo'her 5
life is NOW practically finished by the novelist ana
will he paced in the hands of counsel to-day LOT
use bv them and by the a'ienists for the defence.