New-York tribune., 1908-08-25
MRS HAMS TO TESTIFY
TIJL GO on IN REBUTT4L.
nefeuce Viii Not Oppose Evidence
by Captains Wife.

, Peter c Hans viii sc the stand against
- .,,s,and when he and his brother tried in
-, ,-r the murder William T. Anrs. She Will
- LIED in rebuttaI 10y the prosecution after her
N - confession of me-etricious relations @-tn
o.. and The letters which passed between the
81 before the murder the yacht club have been
,5,,e.I by the defence. TIL" defence will not try
- rrevent her being called as a witness
,tb;l. counsel for the defence Will not admit that
o,,ld be a hostile witness. they declare
- has been absolutely communication be-
-, -henn and Mrs. Hams. they have no intention
- .a1Iing her: hut they believe that a witness
- ,bo prosecution Mrs Hams. wife testify
~ ~ orainst her husband when he is on trial FOR his
70 riu make a distinctly unfavorable impression
- +l,e i1rv They also believe that the searching
determination by counsel for the defence that
n. Will have undergo will effectually riddle
tote,er story she may tell against her husband
and his brother.
Mrs Hams is still intent reganing the custody
~ her children. In fe-r days she will probably
apply for a writ Of habeas corpus. independent OF
any divorce action, TO take them away from the
,o7,, of their grandparents. When she went to
Fort Hancock them week ago Sunday her
-wo oldest children said to have shown 'leir
rreference 70 their mother and 10 feel their
separation from her The youngest chiId IS otS
seventeen months old. That Captain Hams Is In
iau will be no bar her seeking TO regain possess
sion of them through the courts as he can be aue-
ouaely represented by counsel IN the proceedings
MUST TESTIFY TO CLEAR NAME"
When Frank G. Wild. counsel for Mrs Hams. was
seen yesterday ne said his client would not testify
for the defence. but that she must testify to clear
her good name
The other side has vied her much he
said. that they have ru:- out of ammunition bu'
not Of invective-
Mrs. Hains viii deny positively on Friday. after
The police court hearing Mr. Wild said, every
charge that made against her
Then, is absolutely certain that she VIII not
aid her husband the trial?" he was asked
How could she do it consistently after making
such a statement Mr.. Wild replied. 1t does not
eaen, that il is credible that there will be any
Change in the defence that has been announced -
The charges made, she certainly VIII so oi 'iie
stand ..
1t is said that an insurance man" is mentioned
in the charges against Mrs. Hams in the divorce
suit. but this is denied by her counstl. AZ ~
time -Annis insurance man, anu DIS - -
admitted that he named IN the ciaise ~
probably is he TO whom reference was lia4e' III
pape,s while served were never filed: there was
hearing
f,eparations TO establish the insanity of Captain
Hains aent on apace yesterday. Several ahenlsts'
mostly from New Jersey, called TO John r
Atcintyre's office, nothing in the way of de-
tailed defence decided upon. Several OF thelh
viii visit the brothers in jail tomorrow morning
10 examine them and they will also have, besloes
their physical examination. an account OF me
tragedy ard its CO uses written ny T Jenkins Hams
IN the three days which to base an opiioii
HAMS WEARS UNIFORM IN COURT
Following the attempt Of Captain Hains to strike
his brother, Major Hains, which VIII count III INC
defence of insanity for him. Captain Hams "oie
his uniform Of captain of artillery into police
court yesterday. and insisted on reporting for nu'y
10 his commanding officer at once The nearing
was postponed untf Friday morning The wearing
of the uniform by Captain Hams when ne was
brought into court much improved his appearance
His brother was handcuffed TO him when he en-
tered court. Counsel for the defence appeareo
much surprised al wearing of the red and blue
uniform and that il had been done at their
orders The captain had ordered ii yesterday. and
they had not known that he had done it. they said
until they read Of it in the papers of yesterday
morning
Counsel did not approach the prisoners until the
adjournment had been taken AS Mr. Mcintyre
approached the prisoners the Sheriff asked Captain
Hains why he wearing the uniform
L must go back post. the captain burst
out. my furlough was up last night. and should
report at 10 o'clock"
Mr. Mcintyre explained that he would have 10
STAY in JAIL and that he would not be arragned
until Friday. spite of this Captain IIans would
not appear recognize that the civil authority
would continue hold him
You are under arrest for murder" Mr.. McIn-'
tyre explained
You must take back 10 the post" Captain
IIafns insisted. .or you go tell send
word TO Captain that L Will be back dutv
Friday. He must know
NJ Mcintyre and Mr.. Shay with Eugene Young.
the Long Island City lawyer, who will pick the
jury were in when the prisoners arrived
With them were Major Hains and the old father,
General Hams After the return of the prisoners
TO Jail the party had hard time Quieting Cap
Hains. they say
You don't understand. the captain kept repeat
ing You don't understand. l can't stay here
any longer i get back to the post
Captain Hans absolutely refused take of his
uniform. and kept pacing up and down the mar
row confines his cell When the party went
away they eft a keeper behind. vainly trying to
induce him TO assume mufti more.
HEARING TO BE PERFUNCTORY.
Captain Hams will his uniform next Fri
DAY when he goes court again be arraigned.
To make sure the indictment of him T.
Jenkins Hams the prosecution will produce six
Witnesses who will simply establish the physical
facts in the case, folio wing much the course
done q the perfurfctory inquest Flush
ing week. No defence will be interposed. and
10 application made for bail II is certain that
no bail would be granted in the Of Captain
Hams and T Jenkins Hams has fatty refused to
accept bail leave his brother. even though ii
should be granted, which is unlikely
Every effort TO support the defence of insanity
is being made one Of the aIenists will ex-
anime Captain Hains for the defence is Major
Wolfgang Goetz time acting surgeon gen
of the New National Guard He has
had experience in criminal cases before, and MS
report on the mental condition Of the brothers es-