Evening journal., 1908-12-31
ATTORNEY ILL
AT HAMS TRIAL
1contInued Fronl FIrst Page.l


rulings by the court
District Attorney -elect Dewitt and jus
tire crane held a lengthy conference
before court opened as to the advsa
hility OF designating Darrin and White
7 to continue the prosecution after oouri
adjourned today. An order TO this ef
feot has been prepared but Justice
Crane has not yet signed it.
Major Hains continued his recital OF
Conversations with Captain Hams al
Thornton's Bay Ridge house when court
reconvened.
''Tho captain told me. witness said
"that when he reached Fort Hamilton
bis wife was angry and wanted to know
why he had hurried across the country
Il told her. he said to me. that she
needed me as there was gossip Affecting
her good name. She told me there was
nothing IN the stories and this relieved
me so that I told her 10 cali up Annis,
and would show the people there was
nothing in the stories"
Talking Excitedly.
Next day he told me when his wife
went TO the phone he founl her much
excited talking to Annis. lie took the
phone away and invited Annis to DIM
ner. lie came later ans. they went for
an automobile ride. They were arrested
and Peter put up $40 OF the 800 needed
TO bail them out
.'Thc next day he told me. he went
TO the Hotel Astor to see our father who
told him Claudia had been away for a
week and they did not know where she
had been. Tho general and he agreed
10 go where she had been to vindicate
her.
"rhis angered her so she demanded he
give up the project. When he refused
she told him she guessed she might as
well confess all: that she and Annis were
in love and that instead Of being away
with relatives she was with Annis In
New York and had an operation per-
formed
my brother told me this SO worked
on him ne did not know what he did
1to nieked her up out OF the bed and
seated her on chair and begged her 10
tel him It was all untrue. She stuck
to her story and In tho morning my
brother sent for his father and she made
complete confession Of her relations
with Annis While talking this my
brother seemed to be insane. Later I
rot hin, TO lie down. but he got up and
came over 10 me crying and moaning
NV God. / can't sleep. I haven't had
mn hours sleep since I left San Fran
cisco
MOTHER or HAMS TEsrIF1Es.
A small gray headed. aged woman
bent with the weight Of 6S years, and
grief stricken so that time and again she
had to weep quietly for a number Of
minutes before she could answer ques-
lions may open the prison gates for
Thornton jenkins Hams. on trial for his
life for the murder Of William &c. Annis
last August She is the mother Of Ilains
and she gave a heroic exhibition of moth
crlv love IN the old court house here to-
cav that cannot have failed to impress
cvery man in the jury box AS she told Of
tho mental condition OF her son. Captain
Peter G. Hains she emphasized his every
act So that ovory person In the court
room must have fclt indeed that there
was something the matter with the mind
of Captain Hains. She emphasized lt. too.
that She. herself believing her son TO be
insapo. had placed him In the care of her
other son, Thornton. and had urged the
latter 20 watch over his movements
Mrs Tains testimony was corroboratcd
by her husband General Hains. and both
lNIW OF aiiN Nt ANfAl NNANN'rh NNlf MAAl'i
they characterized as decidedly irrational
Tho proceedings had dragged along
throughout the morning with Major John
r. Hains ON the stand. and there had
been hut little evidence OF activity on
the part Of either side until the Major
was excused Then Mcintyre called tho
mother and a sudden stiffness seemed 10
fall over the audience. judge and jury
all aVT
tho door.
AIRS. HAMS CALLED.
Aged Mrs Hains tottered into the court
room. leaning heavily on the arm Of tho
Major. who had been sent TO fetch her
and supported from behind by her hus-
band. tho general She WAS garbed in old
fashiopod deep black. her plenty gray
hair seN of with a small black crepe
trimmed lat A small gold watch adorned
her bosom. relieving the darkness Of her
attire.
Tima and again the mother trembled. her
Syesl.nlled and the tears streaming down
her face while she seemed at all times
ready to collapse. But blood told and after
"A silent cry Of a moment or two she would
take up and go on with her story Judge
prosecutor and defenses attorneys all
svmpathized with this mother In her dark
travail. and everything possible was done
TO make the ordeal as easy as possible for
her.
She declared that her son, Captain
Ilains. was a delicate child from his
youth: that she had feared that he would
not live to manhood; that he often suffer-
ed from FITS and when he came to see her
he was crazy andshrdlu shrdluusuhdrlu
in Washington last June she feared he
was crazy and put him in Thornton's
care.
General Hains only got well started with
his testimony before the luncheon recess
After the jury left the court room at noon
attorney Mcintyre informed the court he
was IN such i'll health he would have to
ask for a recess from tonight until Mon
day. lie backed this with a doctors state
ment and his request was granted only
after he had assured the court he would
complete his case not later than wednes-
day