The sun., 1909-05-05
MRS. HAINS'S PLEA FOR SON
SHE WEEPS WHEN REPROVED
FOR. TELLING TOO MUCH.
Bewildered by Objections OF Counsel.
She Tells Of Capt. Hains's IAfe ami
Troublcs-Jaii Physician Testines
Long Question for Aiienlsts To-day.


She Tells OF Capt. Hains's IAfe ami
Troublcs--Jaii Physician Testines
Long Question for Alienlsts To-day.
Mrs. Virginia Jenkins Hams spent an
hour Of yesterday afternoon in the Wit
ness chair Of the Supreme Court at Flush-
ing giving evidence In the defence OF her
youngest son. Capt. Peter c. Hains. Jr..
on trial there for murder.
Two OF Mrs. Hains's sons have been
accused of murder; one OF them has twics
been tried on that charge. Only a few
months ago she testified in his hehaH.
Mrs. Hains is 8s years old and feeble h
the convalesoence from recent illness.
@You will have to excuse me II my mind
wanders. she said in her own excuse In ths
course OF the testimony taking yesterday.
I am not what once was
When she was called Mrs. Hams APP
peared from the witness room leaning
on the arm Of her son. Major John p.
-Hains. Gen. Hains. her husband. know.
had left the court room. As the elderly
woman passed around the corner Of the
jury box and onto the stand her son, In
whose defence the plea Of insanity hss
been entered. did not turn his eyes
Through all the course Of his niother's
testimony Capt. Hains sat half tlrnAd
away from the witness stand. his right
hand thrown back Of his head and the
fingers twining loci. of his hair. He did
not once change countenanoe.
John +. Mcintyre, the interrogstor for
the defence, asked Mrs. Hains the usual
preliminary questions. She said that abe
was born in Baltimore and that she was
the dau shter Of Admiral Jenkins.
"You are the mother Of Peter G. Hams,
the defendant in this case?' was the bald
legal formula that followed. Mrs. Hains
cast a swift look at the bearded face Of
the defendant turned away from her and
nodded.
Then at the behest Of her sons counsel
she recounted the facts already set forth
by Gen. Hains as to the delicate health OF
Peter Hains during childhood She said
that he had stammered from the time he
learned to talk until he was 10 years old.
that he was a nervous and hystArical
child. She told OF how he had fallen into
the hold OF the ship Pharos OF the Florida
coast and suffered severe injury to the
head.
1t was at this point first that Mrs. Hams
ran foul Of the legal conventions governing
the giving OF testimony. She tried to
tell Of matters extraneous. and at the OBJ
lection Of District Attorney -Da VIII
Justice Garretson admoniehed her.
Il am just trying to do my best for
Mrs. Hains began in explanation.
you are doing very well. madam,
interrupted the Judge before Mrs. Hains
could interpose anything beyond the or
dinances OF the law.
when did you first see your son after
he had learned that his wife had been
unfaithful to him?' was the first question
that brought the witness down to the
cardinal details Of the present case.
After the General had brought the
children down to Washington, Connie
that's my son Peter-Connie came down
l ran to him and threw my arms about
his neck and kissed him. He hardly paid
any attention to me; he did not kiss me
He Just stared like a madman'
The District Attorney arose with an
objection Immediately and the elderly
lady in the witness stand looked startled.
Madame. l must warn you again that
you must not characterize the looks and
actions Of your son You must tell only
what you saw and what you heard. said
Justice Garretson. There was kindness
in his voice
-The Captain-Connie. that is-besan
to rave-oh. must not use that word
began to talk. Ele said Isn't 1t terrtbleg
Ny home is ruined. my wife is ruined.
my poor little children are disgraced-
and-and---"
Mrs. Hains stopped, her face twitched
for an instant and then she half turned !.
to the jury and rapidly repeated all
that her son had said TO her. Seemingly
with the oNe thought in mind OF putting
before the twelve men tale that would
move them to pity she ran on, overriding
all conventions OF evidence and ignoring
the District Attorney, who WAS on his
feet objecting. Justice Garretson shook
his head at the District Attorney with
gesture that meant indulgence.
He had some crazy idea Of getting tho
children out Of the country Mrs. Hains
was saying with a catch OF hysteria ID
her voice. He was afraid that the Llbbys
tho family Of his wife-would get pos-
session OF them. He wanted the General
and me to take them to Europe. He said
that he would rather have them all dead
than to be under their mothers control
I was overcome with grief at these Wild
remarks, but the General bad already
told me that the poor boy was stark
crszy--
Mr.. De Witt raised his voice over Mrs.
Hsinsc importuning the Judge for an
interruption. Justice Garretson called
to her sharply: .
Mrs. Hains. you cannot say such
things on the stand. Remember that
you are a witness and not pleadsr.'
Cant | say that my boy was crazy
when know-oh, know
@You cannot ruled the Justice. ~
Hardly had the witness begun again
when another objection was entered.
Mr. Mcintyre rose with an effort to save
his witness. The mother OF the de-
fendaut finding herself hedged about.
on every side by the unfeeling barr'srs
Of the law seemed to be in terror lest
abe fail.
sWhat did I say that was wronga Please
tall ma she said, leaning forward and