New-York tribune., 1909-04-30
GEN. HAINS'S ORDEAL
ON STAND MANY HOURS'
At Trial of Captain Hams He he
tells Storu of Family Troubles.

army, retired. spent almost the enlre udS HI ''
witness chair in the Supreme Court in Flushing yes
terday where his youngest son, Captain Peter =
Hans ir IS on trial the murder Of william T.
Annis. The veteran tired before his cross-eN-
animation started in the middle OF the afternoon
and he frankly admitted to District Attorney DE
Witt that his memory faulty because ne was
weary.
Much that was brought in the testimony vas
practically only the reteng Of General Halns
story at the trial of his second SON morn
ton J Hains. Some entirely new facts, however
were brought out General Hams, for instance
testified that during an engagement in the Phlnp-
pines. Captain Hams. who was Of his command,
several times interposed his body between that oI
his father and the of the enemy
And when l ordered him 10 get out of the way
said the veteran he told me had no right 10 ex-
pose myself"
General Hains was called to the stand as soon
as court opened. He led back to 1905 ana
1907 despite the District Attorneys strenuous OBJ
iections to describe Captain Hains's attitude
toward his wife and children My observation
was when l visited them. that they were happy
people. Apparently they were satisfied with one
another The court ordered the last sentence
stricken
When l told Connie that his wife had behaved
as no wife should. he responded that she might
have been ndiscreet, but he could not believe she
had been guilty of wrong-dong. I,toid MN she
had been more than indisCreet
There followed an attempt to introduce evidence
OF wrong-doing the part of the defendants wife
as cause Of Captain Hains's alleged insanity
District Attorney Dewitt said proof Of insanity
must precede the introduction OF evidence as to
the conduct of the prisoners wife. The Court sus-
tafned the objection and the examination along
that line came to an abrupt halt
Mr Mcintyre then asked:
"Of what did your father die. General Hains!
insanity" replied the witness.
What kind Of insanity
-senile insanity He i'll two years
General Hams withdrawn when the Court
ruled against Mr.. McIntyre's submitted contention
that sufficient ground had been laid for the IN
sanity defence by the testimony about General
Hains's father admit the testimony about Cap
tain Hainss wife
EXPERTS TESTIMONY.
Dr. Louis Samuel Manson. of No. 9c4 West l2ath
street. Manhattan the alienist. who testified Tor
the defence in the Thornton J. Hams trial, was
called to the stand and said that he had examined
the defendant in the Queens County JAIL, IN Long
Island City, in September, 1905,
II found Captain Hams suffering from mental
depression" he said. Il was introduced TO him by
Mr- Mcintyre. but the defendant did not take my
hand and only said oh. very Well when l shook
him up. l examined him twelve or fifteen times
and never found him taking food or sleeping, nor
did he speak save very rarely, although l remained
with him five or six hours each time. / submitted
him to test and became convinced he was not
shamming."
The witness gave his reasons for believing Cap
tain Hains to have suffered from the form of In
for time prior to that month He was not
able. however, state how long Captain Hams
had been insane before he him.
AT the conclusion OF the noon recess Justice Gar
retson was informed that Thornton J. Hams had
been seen sitting upon bench by the back stairs
as the jurors passing TO get their luncheon
that it had caused comment Justice Garretson
Immediately visited the back stairs and ordered the
bench removed at once
ALLEGED CONFESSION READ
No sooner had General Hams taken the stand
after luncheon than Mr.. NJ 'ntyre sked General
Hams Il his da ghter-a-Iaw had signed paper
on May 81 1908 Despite objections by the District
Attorney, the Court ruled it was admissible, and
the alleged confession Of the defendants wife was
read
<alleged confession, Thornton J. Hams. who was IN
Flushing under the protection of Police Captain
Patrick }. Tracy and who had been forbidden bs
his brothers counsel to the courtroom until
such time as he called upon to testlfy, came
in by the back door and down. Presently ne |
walked with Captain Tracy, to the front of the
roou the railed-in incosure. passed before
the Justices desk and took seat Mr. Mcintyre,
who had the alleged confession in his hand and
was about to read 1t. paused, looked at Thornton
and exclaimed in q loud and angry tone:
VIII YOU go out until l call you? And then. TO
anv one apparently. who chose take it upon him
self to follow the order: Put him OUT
Thornton Hams held a whispered consultation
with one of his brothers other lawyers bowed and
retired.
Captain Hams had sat rather stodly through
the morning session, but when the alleged confes-
sion Of his wife was read by Nj Mcintyre Captain
Hams bowed his head and sobbed and moaned
aloud.
General Hains testified concerning the alleged
confession that he to his daughter-in n-laW $
room placed his hand upon her head and asked her
If what he had heard true. and that she had
replied that il was
| 10 her. Hasn't Connie alwdES been
a good husband to you? and she replied that her
husband had always been kind and good TO her
Under a severe cross-examination General Hanss
memory failed him somewhat Beyond that his tes
timony shaken. lie in the witness
chair when adjournment taken for the night.