The sun., 1909-05-07
ARMY MEN SENT TO TESTIFY
THEIR APPEARANCE AT HAMS
TRIAL ".AUTHORIZED."

Four OF Them Refute Defence's Conten.
tinn That r'.nt, Hnins Acted IrrAfiess.
aily--How Neighbor Tried to Help
the Troubled Family att tho Fort.
A surprise was received by the defenos
Of Capt. Peter c. Hams. Jr.. at yester-
days session OF his trial on a murder
charge in the Supreme Court at Flushing
when four officers OF the United States
army took the stand to refute the weight
Of evidence piled up by Hains's lawyers
in support Of their plea that the army
officer who shot William E. Annis was in
sane at the time Of the commission Of the
deed. None Of the officers who testified
had been subpoenaed. but came upon noti-
flcation through the regular army admin
istrative channels of the Department OF
the East that the District Attorney had
asked for their preaence
do you know that there is III feeling
existing between Gen. Hams, the father
Of this defendant. and Col. H. o. s Heis-
tand. the assistant Adjutant- General Of
the Department of the East?" was one Of
the questions that John F. Mcintyre for
the defence put to one of the army officers
testitying in the course Of q cross-exami-
nation. The witness replied that be did
not know OF any such i'll feeling.
The sum total Of the evidence given by
the army officers refuted in almost every
essential point the testimony already put
in by the defence tending to prove that tbs
actions Of Capt. Hains between the tins
Of his return from the Philippines and the
shooting Of Annis were irrational and in
dicative of an unbalanced mind, On
cross-examination the army officers could
not be shaken.
lived next door to Capt. Hains while he
was stationed at Fort Hamilton and who
is now stationed at Fortress Monroe. was
the frst and most important witness that
District Attorney De Witt put on in re-
buttal. He said early in his direct testi-
mony that he saw Capt. Hsins and his
wife standing ON the steps Of their houss
on Friday in June last. which Friday it
was he could not remember.
-Oh. that is plainly impossible McIn-
tyre broke in. Surely the District At
torney will not contend through this
witness that Capt. Hams and his wifs
were together on any Friday in June.
All the evidence shows that she left him
on the second day Of that month";
Lieut. Andruss insisted that he was
right. He said also that he saw the Cap
tain on a certain Sunday morning; hs
thought it was the first Sunday in June.
On that occasion the Captain asked him
II he could got lawyer. Upon Lieut..
Andruss's volunteering his sympathies.
knowing what marital difficulties In the
Hams household had necessitated the
presence Of a lawyer. Capt. Hams had
replied. according to the Lieutenant's
testimony: Il don't need any sympathy
Lieut.. Andruss said that the Captains
demeanor at this time was perfectly
rational. although 1t is the contention
Of the defence that upon this Sunday 1t
was that the acute mania seized the ac-
cused army officer. and that he stormed
and fumed about the house.
The witness said that he saw the Cap
tain on the following day and asked him
II there would be any objection to Mrs.
Hains's coming over to remain with him
self and his wife until such time as she
should leave for her home in Massaohu-
setts. The Captain had replied in per-
fectly rational manner that he had no
objection. Lieut.. Andruss testified. and
the change was made.
On the following Tuesday, when Mrs.
l-fA >Nnra
Capt Hams met Lieut.. Andruss and had
q conversation with him.
Capt. Hains said to me-" testified the
Lieutenant. .I've heard one side Of the
story and want to hear the other What
did Claudia say to you the other nightT
Il said that she had told me that she
had deceived Peter long enough. that she
had confessed everything to him, so
as to give him grounds for div oroe.'
The witness said that these words
made no marked impression upon Hains
and that his demeanor and speech at this
time were not beyond the rational.
In his cross-examination OF the army
officer Mcintyre struck at hitherto
unwrtten chapter in the history of the
days in the Hams quarters at Fort Ham
ilton following the discovery by the Cap
tain Of his wife alleged unfaithfulness.
-In your conversation with Capt. Hams
did you ever say to him. 1t passes my
understanding why woman who Ia the
mother of three children could do such a
thing?" the attorney asked.
Il said that in letter sent to him.
Lieut.. Andruss replied. He made other
references to that letter in his testimony.
and the letter in question was made
public by the attorney for the defence.
This letter throws an added light upon
the relations between Hains and his wife
and shows the disiEterested part played
In the tragedy OF the accused army Cap
tain by Lieut.. Andruss and his wife.
Have Just received letter from father
telling me OF your visit. reads the letters
"and my one regret Ia that
was not present to talk matters over with
you. wou ldn't have you think that am
four flushing for the world, for such is not
the case. I am entirely neutral In the
matter. although the affair really means
more to Mrs. Andruss and myself than to
any one else In the post. You were our
best friends there and naturally we wanted
and still want to do what is right for you
both.
If lido say It myself. have acted fairly
k,v .v0, both and II Won were aoo,,a ,,aintAd