Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-19
AGAINST MRS. HAMS B|luK APPEAL DENIED
Application for Amony and Supreme Court Refuses to Act
Fees Denied. in His Case.
TO DEFEND DIVORCE SUIT LAST HOPE IN GOVERNOR
Also Refuses Her the Custody Condemned Be Hanged Has Been
of Children Many Times Reprieved
REPLY TO HUSBANDS CHARGES UNUSUAL GROUND
Failed
Annis- Of
Alleged Abuse. thing to Say
Application for AIimony and
Fees Denied.
TO DEFEND DIVORCE SUIT
Court Also Refuses Her the Custody
of Children.
REPLY TO HUSBANDS CHARGES
Text of Affidavit Denying Intimacy
| With Annis-Tells Of
Alleged Abuse.

NEW YORK, October 19.-The applica-
ton of Mrs. Claudia l.. Hams for ali
mony and counsel fees to defend a suit
for divorce. brought by Capt. Peter G.
Hams. jr., awaiting trial for killing Will
liam f. Annis was denied by Justice Carr
in Brooklyn today. Mrs. Hams request
that she be granted the custody Of her
children also was denied. Annis was
named as correspondent in Capt. Hams
suit for divorce.
Justice Carr, in his decision. said that
Capt. Hams has no means from which TO
pay either alimony or counsel fees. as
his salary has been suspended since his
imprisonment and his own small means
are needed for his own defense.
The court also gave a reason that
Mrs. Hams Is in comfortable home
with her parents in Massachusetts.
LAS 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 if she gets possession
of the children she will take them to
Massachusetts. ! feel it inadvisable at
this moment to disturb the situation"
Mrs. Hams was given permission to re-
new her application If the conditions
change enough to warrant It.
Mrs Halls Affidavit.
Mrs Hams affidavit in reply to her
husbands divorce suit was made public
today. In it she declared that when
Capt. Hams returned from San Francisco
to Fort Hancock, on Sandy Hook, May
% last, he accused her of intimacy with
William E. Annis. basing his allegation
on letter which Capt. Hams said he
had received from his brother, L. jenkins
Hams.
Mrs. Hams denied the accusation, and
at her suggestion Capt. Hams invited
Annis to their home, after which all three
went riding in Annis' automobile. After
they returned. Mrs. Hams AYERS, the cap
tain and Annis sat up until 3 am. drink
ing and smoking and seemed very friend
ly. She declares Capt. Hams did not
show his brothers letter to AnniS nor
ask him to explain the charges.
On the following day. Mrs. Hams said,
her husband went to call on his father.
Gen. p. G. Hams; returned at am. June
l, pulled her out of bed, again accused her
of having had 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, T. J. Hams,
called with a lawyer and asked her lot
of questions while she was daZed.
Signed Paper While Dazed.
At the solicitation of T. jenkins Hams.
Mrs. Hams said. she took a drink OF
whisky and then. at her husbands or
der, signed a paper which was not read
to her. This, she believes. was the con-
fession which she says 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 re-
ceived from the captain. Early the fol-
lowing morning Capt. Hams and his
brother entered and with a pistol drove
them out. My husband told me-" Mrs.
Hams declares. that l would have TO
get out of the house the next day, and
if my mother would not take me l should
go and live with Annis. AS my hus-
band dropped his pistol on 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 believe that
my husbands act and the charges which
he has made against me have been
prompted by his brother, T. Jenkins
Hams. who threatened to injure me for
refusing his advances. He endeavored
several times while my husband was
away to make advances, going SO far as
to enter my room. l repulsed him. and
he declared that he would be revenged."