Evening star., 1909-05-02
Court Will Proceed With Trial
of Capt. Hains.
BROTHERS ON THE STAND
Relatives of Defendant Tell of "Ir-
rational" Acts.
PROSECUTOR EvADES A TRAP
Mr.. Dewitt Declines to Take Initia-
tive in Calling for Incidents Of
Actual Shooting.
Special Dispatch to The Star.

Special Dispatch to The Star
NEW YORK, May 1.-Maj. John
Power Hains. the third member of the
family to take. the witness stand in de-
fense of Capt. Peter c. Hams, jr., on
trial in the supreme court at Flushing for
the murder of William E. Annis, began
giving his direct testimony at this morn
ing's halliday session of the court after
Thornton Jenkins Hams had been re-
leased from long and searching cross
examination. The purpose of Maj. Hams
testimony is to build up still further evil
dence given by his father and his brother
purporting to show the insanity of the de-
fendant at the time of the shooting,
The demeanor of the oldest Of the three
brothers was in marked contrast to that
of the fiction writer, who incurred the
displeasure of his brothers counsel and
brought down upon himself rebukes from
Justice Garretson because of his head
strong manner of testifying Friday. Maj
Hams, seemingly a bit nervous, spoke
deliberately and in a restrained voice.
and gave thought to each answer before
he delivered it. He did not indulge in
any of the theatrical demonstrations that
had been made previously by Thornton
Hams.
Predisposing Cause of Insanity.
The witness first was made to describe
| the climate of Porto Rico and the Philip
pines, in both of which places Capt.
Hams had served with the army, and on
which the defense seems to be placing
| considerable confidence in predicating a
predisposing cause of insanity. Maj.
Hams then came down In his narrative
to the time when his brother the cap
tain, came hurrying back from San Fran
cisco to investigate the suspicion that the
letters from his wife had aroused in him.
He told of meeting Capt. Hams at the
Hotel Astor the day after his arrival, and
of the talk he had with Gen. Hains and
Thornton in the presence of his brother
concerning the certainty of Claudia
Hams infidelity.
In contrast to the captains loyal de-
fense of his wife on that occasion. the
witness pictured in an even voice the
despair of his brother when he saw him
on the following day and was told by
him of how the WIFE, when taxed directly
by the accusations brought by Gen. Hains
and the brothers, confessed that she
loved Billy Annis' and that she had sui
lied the honor of her home.
"Annis Has Driven Me Crazy"
ooh, this man Annis has driven me
crazy" Capt. Hams was quoted as having
said on that occasion. Il thought he was
my friend and now he has ruined my
life and home"
Maj. Hams described the conduct of his
brother at that time as having been ir-
rational. He was being led to further
narrative of the events about which his
father and brother have already testified
when court adjourned.
The closing passages between Thornton
Hams and District Attorney Dewitt were
far less spirited this morning than when
10 N RI
day. Over night John F. Mcintyre, chief
counsel for Capt. Hains had taken the
witness in hand and warned him that
continuation of his manner of testifying
Nigh, do the defendants case more harm
than good.
Mr. Dewitt succeeded in having the
witness admit that during the time be-
tween the revelation of Claudia Hams
unfaithfulneSs and the day of the shoot
ing, the period in which the defense con-
tends that the captain was insane, Capt
Hams went to the army building, on
Whitehall street, New York city, and
that he accompanied him on at least two
of those occasions but that Capt. Hams
drew his money and signed the receipts
unaided.
Fails to Satisfy.
The district attorney tried to have the
witness recall topics of conversation be-
tween the defendant and himself during
that period which did not relate to the
domestic troubles of the former and on
which the defendant might have cons
versed in a manner that was not IRA
tional. but the witness could not satisfy
the district attorney in this regard.
Mr.. Dewitt did not allow himself to be
drawn into the trap that Mr.. Mcintyre
had laid for him the day before. The
|attorney for the defense had skipped in
his direct examination all reference to the
incidents of the actual shooting at the
Bayside Yacht Club. To have opened
that line of testimony Mr.. Dewitt would
have had to make Thornton Hams
states witness. He preferred not to do
so.
In two minor points the district attorney
found the witness contradicting testi-
mony that he had given in his own behalf
during the trial the murder charge,