New-York tribune., 1908-12-31
HAMS COUNSEL. SICK
M'INTYRE HATS TRIAL.
.Mrs. -Anniss in Court Hears Testi-
gaoau About Husband

The trial OF Thornton J. Hains for the killing
&C william f Annis. who was shot by Captain
Peter {. Hains. was halted yesterday by the sud-
Den illness OF Joisn E Mcintyre chief counsel
for the defence. Mr.. Mcintyre assured Justice
Crane who IS presiding at the trial in Flushing.
that he would probably be able TO proceed to-
CAY An hour before the usual noon recess Mr.
xscFu1yre suddenly sat down. then. partly recov-
e-ing himself went out into the hall DR.. Austin
Flint. The slenist and his associate. Dr. George
Foster both employed by the people. that
Nr. McIntyres condition was serious, and Dr.
Flint hurried after the lawyer. He called for Dr.
Foster and hyF,odermic injections Of arsenic were
administered After dinner the two alensts
Joined with Mr.. Mcintyre n asking for an ad-
tournment Cor the day DR.. Flint assured the
Court that 81 would be dangerous for the lawyer
Il proceed Nervous strain. he said, was the
cause Of the breakdown.
Mrs. Virginia Hams. mother of Thornton j.
Hams also I'll yesterday and was confined to
her apartments IN the Hotel Astor most Of the
day. She contracted cold on her last visit TO
Flushing
Mrs Helene Annis widow Of William z. Annls.
appeared in the courtroom for the first tine as
spectator yesterday Throughout the morning
she sat listening with q half smile The testi-
rnony gave in scandalous detail alleged scenes
between Mrs. CTandia Hains and Mr. Annis vet
the Widows caluness never left her Perhaps
even worse from the point Of view Of wife, than
the unprintatle scenes described by the negro
women were the words alleged 70 have been
used during g quarrel between Annts and Mrs
Hams
To heu with your vifeI- Mrs Hains
quoted as saying. -Aint more you than your
Ntfs?"
Mrs. Annis leaned forward & trihs to catch the
alleged answer It Was Yes but her calm
smile cid not change
The negro servants. Minnie Rotne and Emma
iavelle appeared to enjoy rafting on about the
scandal end 10 appreciate every opportunity 10
hold their audience in the courtroom by illustrating
she frenzy Of Captain Hams when he learned Of
his wife's alleged relations with Annis- Justice
Crane taterfers5- however, and brought on con
sroversy with Mr.. Mcintyre. which ended in The
LAWYER declining ask the witness any more oues-
ticns The trouble the Rohne girls per
eis1ent use Of the word confession TO which the
Court objected. because II tended TO give the i'm
precision that there had been confession, whereas
al re had permitted IN evidence that Captain
FIains said there confession Finally Judge
Crane said to Mr. Mcintyre after threatening TO
send the witness from the stand:
Il have told this witness three times and
hsre stricken it out the number OF times.
II looks II she had purpose in saying It
10y object to YOU remarks in the presence and
heaJing OF the jury said Mr.. Mcintyre, and
except 10 your observation And then, when the
Court continued 10 insist upon eliminating the
word confession" Mr.. Mcintyre declined to go
further with the witness.
Major John P Hains was permitted to state only
what Captain Hams had said TO him and what
Captain Hams did
Pardon the interruption. but wish TO know II
this witness is 20 he used for the sole purpose Of
proving the mental condition Of Captain Hains.''
SAID the Court. Mr.. Mcintyre said he was. and the
witness was accepted.
Major 9ainss story was substantially the same
related the day before by Mr. Reid. the entire
scandal that had got to the captain from various
sources being gone over
During the luncheon hour District Attorney Oar
rn. sHlarting under criticism by some newspapers,
apnroaehed 5ie table At which some reporters were
eating hotel and protested against what he
called unfair treatment. Major Hams sat near, and
Mr. Darrin turned To him and said:
Major Hains ] viii ask you If ! have not prose-
icuted your brother in a fair ead honest manner
Yes. sir" said Major Hams smiling.