The sun., 1908-08-23
THIS TRIAL NAY DRAG TOO
MID-NOVEMBER BEFORE HAMS
DEFENCE rs READY.

HafnaB Case Hasn't Been Explored Yet
THO Father In Warrington Seeking
Money-Prosecution Also Lacks Funds.
Tho trial of Capt. Peter O. Hains and his
brother, T. Jenkins Hains, for the killing
through as rapidly ss Dstriot Attorney
Darrin hoped Darrin intended to ask for
q special Grand Jury and an extraordinary
term Of the Supreme Court But now John
F. Mcintyre, chief Of the counsel for the de-
fence. says he win not be ready TO have the
case 60 on before the middle Of November.
There is work to be done before the
defence is prepared. both in obtaining Wit
nesses. who az yet have not been men,
toned in connection with the case. and in
preparing the insanity plea that is to be
urged on behalf OF the Captain. Capt
Hams thus far has claimed the attention
Of the lawyers. and until they have framed
his defence to their satisfa otion they will
pay little attention to q defence for his
brother.
The examination in the Long Island City
police court. which was adjourned until
tomorrow. again will be put over. Mr..
Mcintyre said yesterday that he would
ask to have 1t adjourned, presumably until
next Thursday. The reason for the ex-
ira delay 10 that T. Jenkins Hsins's eIpa-
nation Of his part in the tragedy may be
more thoroughly substantiated. For the
last two or three days the defenoe's law
yers have been searching for witnesses Of
the shooting who viii bear out 7. Jenkins
Hains's assertion that he did not draw his
own revolver until o demonstration WAS
made against his brother by the friends OF
Annis who were present
District Attorney Darrin has retained
former Assistant District Attorney James
A. Dayton as associate council to aid him
in prosecuting the Hams brothers. MIR.
Dayton resigned his Office on january
last to 60 into private practice. He lives
In the Bay Side section. He was personal
friend Of Mr.. Annis.
District Attorney Darrin went to his
brothers home at Addison Steuben county,
N. Y, yesterday for vacation until Tues
day. In his absence the Hams case will
be in charge OF Mr.. Dayton.
The lawyers for the defence would like
to secure the release Of T. Jenkins Hams
on bail. Whether they can do 1t they don't
know. but they think there will be more
OF q chance for 1t II at the examination they
can show that T. Jenkins Hains prepared
for action only when 1t seemed necessary
10 protect his brother.
Among the many witnesses examined
by the District Attorney there seems to be
unanimity In the statement that was made
In the hrst published accounts Of the tragedy
that tho two brothers drew their weapons
at about the same time the older covering
the other persons on the float while the
Captain took care Of his man It 10 ex-
pected also that at the examination the
contention that the Hainsos went to the
yacht club on an orrand that had nothing
to do with killing Annis, but that the meeting
with Annis was by chance.
OF the rumors which spring up hourly
in this case, only to be denied sixty minutes
the stand In her husbands defence is the
most persistent. Each time this report
crops up and it usually comes from Boston,
II ID denied by Frederick l.. Norton Mrs.
aans as s9sns T S{ hes ssH xS
attorneys None o. these lawyers says
positively that Mrs. Hains will not go on
the stand for her husband; they merely
assert that nothing in, that direction has
been done or even proposed as yet
alleged confession which they say Mrs.
Hams signed This document, which is not
very long. win not be made public until the
trial. according to MIR. Mcintyre and Joseph
s. Shay. The defence believes It can estab-
made In this alleged confession by other
witnesses than Mrs. Hams. However. IL
the Captains wife is called to the stand it
Is not expected that either side will be
allowed to 60 into the truth or falsity Of the
was the ruling in the Thaw case with ref
erence to Evelyn Nesbit Thaw's story. tes-
timony will be permitted only regarding
whether or not Mrs. Hains made such a con-
fession and what was the effect Of 1t on the
mind Of the husband.
Mr.. Mcintyre said yesterday that he
would notin any case waive examination
when the police court hearing comes up
In the first place the lawyers for the de-
fence intend 70 fight at every possible turn;
in the sscana ono dssy tsnt to get ia. line
sleeve. and finally. II an opportunity pre-
sents ITSELF an effort will be made to secure
the release from jail OF T. Jenkins Hains.
Tho evidence Presented at the hearing. It
is believed, viii have much to do with the
ultimate decision as to what defence to
offer for this one Of the brothers.
1t is the desire Of the attorneys to prove
that T. Jenkins Hains was only protecting
his brother. II there seems to be little
chance Of doing this the defence, 1t is be-
until the lawyers for. the prisoners can
learn whether they or the District Attorney
Is likely to win out In the matter Of getting
witnesses regarding T. Jenkins Hains 8
role In the shooting itself, decision on this
point will have to Be held in allegiance.
The lawyers for the prisoners again con-
ferred yesterday forenoon In John F. McIn-
tyres of1ce in the Broad Exchange Build
ing. Mr.. Mcintyre said that he had been
interrupted in bis work on the case BY the
burglary at his city home Thursday night
The loss Mr.. Mcintyre estimates at q, 600
He believes that the work was done by
men whom he had prosecuted as Assistant
District Attorney, because Of the fact that
Of number Of photographs about the rooms
his own and that Of bis son. now dead, were
picked out and torn to pieces and the bits
strewn about the floor.
Cen. Peter @. Hains, father Of tho prison.
Q 0. 10 In Washington. where. according to
dispatches. he Is seeking funds to meet
the heavy expenses Of defence such as
has been decided upon. It Is q matter OF
comment that neither the prosecution nor
the family Of the prisoners really has the
money to carry on very expensive trial.
Friends Of the Hains family cay that in the
event Of Q long legal fight the family prao-
toally will be beggared in the effort TO save
the lives Of the two brothers. And It was
only day before yesterday that Mr.. Darrin