Evening star., 1909-05-05

versing the rulings of previous tria
judges in New York. Justice Garretsor
declined to strike the answer from thu
| record. making q new precedent for thu
bar and, it is said. practically ending tn,
prosecutions hope for conviction.
Court Cautions Mrs. Hams.
When Mrs. Hams appeared the cour
cautioned the witness.
You may tell what you saw. what you
heard and what he said and did, but
please do not characterize 1t by descrip-
ton"
Il am a very stupid woman: I am not
what l was" pathetically interjected the
witness
You will get along all right" kindly
said the court.
He had a dazed look began the wit.
ness.
Mr. De Witt objected.
do not characterize the look" eau
toned the court.
He was haggard.'' went on the wit
ness. regardless of the warning.
Again the district attorney objected
She turned on him with flashing eyes ane
exclaimed:
What then can 1 say? He looke'
tired" she resumed after a pause. 'Hi'
face was haggard and drawn. and III
had, oh, that vacant look. l threw my
arms around him and kissed him Ht
said: Isn't it awful? My home Is broker
up; my life is ruined: my home is ruined
and nv children are disgraced They viii
now try to take them to Libby's. and
would rather see them dead
Pays No Heed to De Witt.
The district attorney was again on his
feet to stop the story, but Mrs. Hains
paid no heed to him.
He said to me-" she resumed. turning
and making her appeal direct to the jury
-I,f
were trying to check her testimony. MY
God, my God, / can't stand 1t! Despite
the tumult among counsel she ratified or
about the effect of the disgrace on tbs
little children, each statement rising q
note higher than the vain objections.
But, your honor" protested the district
attorney.
His face was drawn. and he showed
what he had been suffering; that he had
been suffering dreadfully." said Mrs
Hains. ignoring him.
u submit" said the district attorney.
He talked Of his children disgraced fol
ife." came from the stand through the
argument Mr.. De Witt was trying tc
make. He had a crazy scheme for the
general and me to break up our home
and take the children and go abroad. We
told him we were too old to break ur
to do 1t: 1t has got to be done.
All this time court and counsel were be-
ing tossed about in the testimonial cy'
clone.
"They had told me that he was crazy.
said the mother.
Makes Show Of Anger.
Strike that out" said the justice.
Relapsing into her chair with an air OF
wonder. she asked:
Cant say that?"
The attorneys argued. From the dis.
cussion of the rules of evidence there
floated to the jury the plaint:
HE would often say, oh, let's forget
It: let's forget 1t.
Then the district attorney broke In
again and she turned on him with show
of anger:
How can l say anything If you are in.
terrupting every moment?" she asked.
1T is his duty to interrupt" said the
court.
Mrs. Hams persisted in making state
ments notwithstanding objections by
counsel. and finally the defense placed
her at the disposal of the district attor
ney for cross-examinatfon.
You were always nervous?" began the
district attorney.
Yes, I have had four children; have
just had the grip
She wept Historically.
The district attorney turned away and
muttered:
THAT is all. thank YOU"