The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1908-11-04
Confession
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Il |.nHr..H nH#H"rs| Hl"rT.- sH A.N|
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the expense; that after the operation
she and Annis stayed for a week at
a hotel" The Confession, the lawyer
said, was dated May q.
Arguing from this Mr.. Mcintyre
%contended that Capt. Hams mind be.
came unh!ngel from these revelations.
He produced an aHldavit made by DR..
L. S. Mann, Of New york City, VINO
examined into thu Doctors mental
condition at the Queens county Jail,
in which the doctor stated that Capt.
Hams was in an unfit condition to
appear as a witness at this time. but
that his condition would be likely to
show a steady Improvement IL he
we're kept quiet for three months.
Thrown in fer good measure was
the AFFIDAVIT OF Gen. Peter G. Haine,
which sets forth that the general ..lad
had several talks with his son, Peter
lC. Hams, Jr., and that he could not
get a connected account from him OF
what happened Just before and at the
time of the killing efEAnnis. The rest
of the afidavit bears out the state.
lments. made IN the alleged confession
Of Mrs. Hams.
After thus contestlng Mr. Darrin's
motion for a November trial Mr.. Nc
Intyre sprang another batch Of aff-
darlts from three men now on a
United States transport bound for
Manila. These aGldavits told Of the
change Of the demeanor induced upon
Capt. Hams by the series Of letters
written in diary form by his wife and
which he received upon his return to
San Francisco from his service in tie
Philippines.
The ~afidlavits are made cut by H.
Hobbs, a freight clerk; Lous Crook, a
qlartermaster, and H. o. Mason, a
commissary clerk, all in the United
Estates service. All three were with
Capt. Hams on the United States
transport Crook on his return from
the Philippines. In the affiavits Il
was stated that the deponents gnye
their testimony Voluntarily. The am
dayits Gave been sent from Honolulu
and received here BY Gen. Hams on
October 1S. These witnesses Mr.. Ne.
Intyre considered very important, and
he desired the court to stay trial till
they could be brought east.
Finally, Mr. Mcintyre objected to r.
Jenkins Hams being put on trial
ahead of his brother on the gTrounl
that II he we're convicted and the cap
tain later acquitted 1t would result in
the accessory being made to suffer 4
greater penalty than the principal.
After half an hours recess, in,
which the court looked over the am.
davits in the case and reviewed Mr..
Mc1ntyre's points, he announced that
the only thing he would consider as
IAN excuse for delaying the trial was
the matter of the three witnesses
who we're on the transport. AT tie
same time the court said that it rea,
lied that as Mr.. Darrin goes out {
office on the first Of the year the.
postpsnement Of both cases until after
January 1 might work a hardship
apon the people. He announced that
he would give a-lefnite decision next
Monday.
Later on in the day Gen. Hams
made public through Joseph "A. Shay
Of counsel for The defense this open
letter:
New York, Nov.s1 1908.
LieutiGen. H. G, Corbin, q. s. Army:
my Dear Genetal-I have read in
the New York Sun Of yesterday what
pprports to be q statement made by
you that certain letters written by
Mrs. Claudia Libby Hams look more
like letters manufactured tof the purs
pose Of creating sympathy and q
haps furnishin d possible incentiyaI
Ito insanity. temporay or otherwise