New-York tribune., 1908-08-20
TO PLEAD INSANITY.
HANS DEFENCE DECIDES.
Lauyers Erpect to Free L. Jenkins
and Get Mid Sentence for Brother.

| entered on behalf OF the Hains prohers Aoi tii'
| murder of William E. Annis will be emotionai IN
sanity. The defence, which is now headed oy Jonn
| F. Mcintyre and Joseph s. Shay, recognizes the
f, impossibity of getting Captain Hams on "i'noa. "
| any penalty whatever. but the lawyers expect -
| get T. Jenkins Hams free
| At the inquest last night in Flushing, Which re-
suited In both the brothers being held for the grano
jury, some of the questions asked OF Cnaries n
| Roberts OF Flushing, the only lay Witness hi.i
Gated definitely the plan intended at present u DC
followed by the defence at the trial Ihis up
ueared to be that all efforts of the defence VIII De
devoted to getting Captain Hams Off with as hshl
| a sentence as possible, on the plea that ne was
under great emotional strain. amounting to actual
| insanity at the time of the murder. The oeiehce
| .s far as r Jenkins Hams is concerned will be
that he drove the crowd back after the shooting 10
protect his brother. and did not hoio tie ei0"U
back to allow the murder TO be accomplished
Mr. Shay prepared the case which resulted III
the acouittaI OF Maria Barbieri, who was trieo io
killing her lover; that Vncenzo Nino IN 1880,
when he killed his whole family, and that OF
George w. Cram two years ago. cram went ioii0
one night and embraced his wife
''I love you" he told her. but must Kill you
The revolver was in the hand with which he was
embracing her. and he killed her with it. In al
these cases Mr. Shay successfully maintained 'he
insanity of his clients
Major John Powell Hains brother of the slayers
| of Annis after the inquest said he was saheuine
of his brothers acquittal. He asked IL ne
thought his brother was justified In shooting Aniii
without giving him a chance TO protect himseh'
II can best answer that question by recalling an
incident that happened to me at Fort Riley he
said. 'I was about to put on my boot one morn
ing when 1 found a snake in it. quickly Ore" my
revolver shot the snake. 1t Is the same win
my brother; do not believe he should nave given
Anns chance"
knowing what you do of the case wouio you
do the same thing?" he asked
''I most certainly would he answered ernphat-
icaly.
''Is it true as the District Attorney says thaF
your brother, Thornton Jenkins, lnsusuateu TIC
shooting?" he asked.
Not at ALL" he replied For long time Thorn
ton and myself have tried to dissuade our orotheI
from killing Anns for the sake of our gray halreo
father and mother. Out of consideration for then
our brother restrained himself. but finally the
strain became too great and he acted. Peter would
have killed Annis sooner had it not been for TINS
my brothers home was invaded while he was
away on duty demanded by his country. 1t seems
TO me that the government should either protect
the homes of its servants, or allow them 10 DO II
themselves There is doubt of my brothers S
acquittaL"
| Just as the inquest over this question was
| asked T. Jenkins Hams by the newspaper mem
DO You still feel that your brother was Justified
in shooting Annis? Do you stu feel satisfied with
| your part in t?'
| Il certainly do he replied
Would you do II again under the same cicuih-
stances?" he asked.
rains's face lighted up and his whole manner
and expression indicated that he was about to an
| swer Yes" when Mr.. Mcintyre interrupted him
| and forbade him to anything more
| DENY SEEING LETTERS.
| District Attorney Darrin went to the Bayside
| Yacht Club late yesterday afternoon. Among those
he talked to was Commodore Smith The chlet
result of his visit was denial that letters warn
ing Annis of the attack which might be made upon
| him by the Hainses had been found In the dead
| mans pocket. Every member of the club VINO
was about Annis when he killed or visited his
room after the shooting denied that they had or
! had had such letters District Attorney Darrn is
as vet by no means satisfied that such letters were
not in existence a few days ago. He will try again
I tomorrow to find trace Of them.
Although some of the allegations against him
have been Indignantly denied by friends OF
Captain Hams, Mr.. Darrin will go to Fort Hamil-
ton this afternoon to investigate the stories per
| sonaIly Both officers and enlisted men will be
| examined by him effort to clear the
| domestic relations of Captain Hams. Tomorrow
afternoon he will be at the Bayside Yacht Club,
where he will hold informal sort of court In
| which he will conduct an examination of all the
members of the club who know anything about
| Annis present at the shooting
| The feeling against the two brothers at the yacht
club is most intense. Commodore Smith. in his
| talk to Mr.. Darrin, said that the shooting was
most cowardly and absolutely without justification
| He said that he had known Mr.. Annis for some
| time most estimable person, and that he had
| never seen anything had heard anything to in
| dicate that Captain Hams had any reason for
| jealousy. If Mrs. Hams visited the club he
| said that 1t certainly with Anns.
| With Mr.. Darrn when he visited the clubhouse
| was James johnson, under sheriff and chief en-
| gineer of Queens County. At one time he was in
| business with julius Hunebne. the father of
! Mrs. Annis He at the funeral Tuesday night,
| and afterward he had long talk with the widow.
do you think they had any reason for shooting
| WIFI he asked her.
| They certainly did not" she replied. His
first thought OF his home. He provided for
| me and for his children and never neglected
| / do not know what he did outside of his home,
but he could not have done anything wrong
MRS ANNIsS FAITH.
| The grounds for the faith of Mrs Annis in her
| husband were substantiated by Mr. johnson and
Commodore Smith. johnson told how. when Annis
visited Ontario last year. kept In constant
| communication by telephone and telegraph with
| his wife. Two years age Mr.. and Mrs Annis lived
| all one summer a small launch off the Baystde
| Yacht Club. and their devotion, according TO Com
modore Smith, remarked at the club.
! The advent of Mr.. Mcintyre appeared to cheer
| Captsin Hains and his brother good deal Mr..
McIntyre after visiting the brothers in Jail, said
| the symptoms of insanity were already strongly
| marked in Captain Hams
How serious the fight for their lives is to be
was foreshadowed by the selection Of counsel yes
terday John F. Mcintyre is acknowledged to be
one Of the hest criminal lawyers in practice to-
day At present it is planned for him to do all
the pleading and most of the other court work.
| Ex-Governor Frank S. Black has been approached
and may appear in the before it comes TO
trial with Mr.. Mcintyre. The latter's present as
| sociate Mr. Shay although young. has wide rep
utation for successful work in similar cases where
| emotional insanity has been the defence
II did not consent enter the case. he said
/ until this morning. / really know very little
about its merits but my visit to Captain Hams
ha 10 tall