New-York tribune., 1908-08-23
WON'T LEAVE BROTHER
TT HANS REFUSES BAIL.
James #. Dayton Engaged to dss'st
IN 4n,ns Murder Prosecution.

vrhe, raptaiu Peter c. IIains and T jenkins
rrains are arraigned tomorrow in the Po.ioe
court al Flushing they will waive eNaniiiia IN IN
7. IS a certainty. of course. that Captaiii -,
will be held without bail for the murder OF w
,am e Annis but there is slight poSs'''i,S .
,sat T Jenkins Hains may be admittei 70 Dali
Tho latter told his counsel yesterday, however
that he would refuse release on bail as ne hdu ~
.rten;ion OF leaving his brother.
II has been common talk in Queens SINCE '9S
shooting that the chief strength Of the deIef'S@
would be the weakness of the prosecution ne
prosecution however, was strengthened HeS'ei'S.'
when District Attorney Darrin retained James -
r.vron who resigned on New Years from 'he
District Attorneys Office 20 assist MIN IN 'He
prosecution 49,
Not oniv has District Attorney Darrn lhe
usual desire for justice 10 spur him on IN H,9
efforts 70 convict the brothers. but his "hote
r,o3tical future depends in large measure on nis
success in that direction. He was elected ny IRE
s,sion Of the Republicans and Hearst men in TIE
sbortlived rebellion against Joe CASSIDY ana ths
fan he is seeking the Democratic hoIni'a'.'
He is not the strongest candidate al present DI'
IL he can prosecute the case successfully II "ouio
=, o,1, y,,,o him an advantage in his fight for
he domination but would give him a good chance
OF winning the election
Mr. DAYTON returned from Europe Oh Friday ana
al once conferred with Mr.. Darrin- He was per
sonal friend of Mr.. Annis and knowing MN 50 "e''
Mr. Darrin believes that he is the strongest couh-
sci ne could engage Mr. Dayton will begin Work
ar once going 10 the Bayside Yacht Club to-day TO
examine witnesses
District Attorney Darrin left Long Island City
yesterday for his old home in Addison, Steuoeh
County y y to stay with his brother until Tues
day. During the afternoon Nj Darrin did not leei
well probab bly, due TO worry of the preparation
Of the Hams case. During Mr.. Darrln absence
the case will be in charge Of Nh. Dayton
Nj Mcintyre and Mr. Shay. for the delence' eA
,,ressed themselves yesterday well pleased with
- .F,ef- hey not yet deter
mined whether Mrs Hams will be called as WIZ
ness in behalf Of her husband To gain her eoou
VIII il is reported to be necessary TO give her Ire
rrs,odv of her three children. and il Is SAID thaI
Captain Hams is still opposed TO giving up the Gus
todv Of the eldes- children athough ne Il iioi
willing 10 let her have the youngest child
The hearing tomorrow will he brief. for MI Nc
Intyre is 70 ask for adjournment until Ihursdas'
10 which Mr. Darrin has assented- Both prisoners
were reported to be fair physical and mental con-
dition Yesterday. They will be indicted Jointly
and nro,ablv will be tried together In that case
they would have much better chance TO escape the
full penalty Of law than if they were tried sep
arateIy Tried sinCly. the testimony Of Mrs hams
If she volunteers TO aid the prosecution. would DC
strongly against T jenkins Hams. while II the
brothers are tried together much Of the effect OF
her testimony lawyers say. would be lost Both
brothers have expressed themselves TO their coun-
sci as hoping that they would be tried together
Army officers are divided in their views Of Cap
says that if convicted. Captain Hains's name Will
be dropped from the rolls. and that II he is ac-
Quilted he Will be tried by court martial for con
duct unbecoming an officer and gentleman 1t
seems 10 be a foregone conclusion. il says by way
of editorial comment. that his usefulness Is an
officer in command of men IS gone"
The army has not been so shaken up by social
scandal since 1895 when the Taggart divorce suit
stirred the whole country The first Of similar
Importance before that in 1898 Lieutenant
James a Nancy of the 18th Infantry, shot Cap
tain Alfred Hedburg. of the same regiment. the
CAPTAIN diving two hours later. Lieutenant Nancy
IS row ma jor in the 18th Infantry with the Army
OF Cuban Paciiicatiori He was acquitted on a plea
of self5eferce after the jury had 6eliberated for
three hours.
AS a result Of that case an inspector general re-
ported that discipline and morals Of Fort Sherl-
dan where the shooting occurred, were sIch as TO
call for censure After the civil trial Lieutenant
Nancy was court martalled at Fort Smelling. and.
while acquitted Of the charge Of murder, Has found
gus,ty Of having written violent language 10 mis-
ranking officer. lie sentenced 70 5e repTl-
rnanded by President Cleveland.
Another officer court martialled for murder was
Captain Preston Brown of the nth Infant~:, who
eight years ago shot Filipino who had refused 10
save an enlisted man from drowning lie vas sen
tenced TO be dismissed from the army and 70 spend
five years in prison hard labor President RoOs~-
welt conmuted his sentence 10 reduction g, thirty
files in rank and imposed fine Of one-haf Captain
Browns pay for nine months.