Waterbury evening Democrat., 1908-12-21
VIVID EVIDENCE
Witness Described the Shooting of Annis iD ihe HaineS Trial
 Today
DAMAGING TESTIMONY


 the prosecution. Mrs Hains could not be located at her home in Win throp, Mass, yesterday and there were reports that she had left fol this city in company with Lieutenant Butler of the district attorney s Eofhce. District Attorney Darrin says: ., 'AsI have stated before Mrs Claudia Hains will not be called as a witness for the prosecution. She knows of no fact that is properly ad- missable in evidence in the case Mrs Hains is at her fathers home in Winthrop I have had communica- tions with her and I am as sure of this as l am that my house has not burned down. A sensation was caused In court to-day when it be- came known that District Attorney Darrin, angered at the comments made on his conduct of the case prepared to withdraw from the trial and tender his regination from office last Saturday. He was dis suaded by his friends and his resig- nation was torn up. Mir Darrin said :: "1 wanted to withdraw summarily from the case because of the com- mentS made by the court, press and house on the way I have handled this case, but I have been persuaded to continue the prosecution and not resign from office as I wanted"
 District Attorney Darrin said he felt the comments keenly and re- sented the things that had been said
 When the trial opened to-day Charles H. Roberts, member of the Bayside Yacht club took the stand. He said he went to the club with Mrs Annis in the stage on the after noon of August 15. Mr Roberts said he saw the defendant and his broth CT, Captain Hains at the club to- .gether with the club members who were on the dock and float when Annis was killed. MT Roberts said
 MT Funke and the two Andrews were on their boats at the float when
 
 see the Hains brothers before the first shot was fired. I was standing near the gangway when I observed Annis' and Hills boat coming toward the dock. The boats were coming alongside the dock when I heard a out Willn
 ,''T started across the float toward Captain Hains who was in crouch ing position. It was then that Thornton Hains stepped in between up and pointing a revolver in my face said: Keep off. Keep off, or will kill you Mir Roberts said that Captain Hains was about three feet from Annis. q stopped when Hains pointed the gun in my face and saw Annis stagger and fall into the water. I pulled him out of the water. Annis was placed on the float. The defendant was about $ or ' feet away
 How many shots were fred?"
 "I do not know"
 Icll lHp III luS hoN long the pistol was held in your face"
 After the first shot I started across the dock and the pistol was then pointed in my face and it was held there until the firing was over. I recall that l picked up Captain Hains' revolver and that Mir Downs had his hand on the defendants shoulder demanding his revolver. Tonning was standing near Captain Hains.
 "Mr Downs said to the defendant, we cant allow a stranger here with a loaded revolver. Captain Hains broke in and said Give it up and the defendant broke his revolver you see none of the cart ridges were exploded The Hains brothers then moved over to the other side of the float said Roberts and defendant lit cigarette and the captain lighted pipe. Captain Hains opened a card case and hand ed out card. Roberts said: "I said to Captain Hains the army must be proud of officers like you. The defendant said he wanted to eX- plain and I told him l did not want any explanations. I told Thornton Hains you are as guilty as your brother. You prevented Us from the shooting. The witness said that Thornton Hains took his brothers wrist as if feeling his pulse As the cabman had not been paid it was suggested that 90 cents be given to the driver and he de- fendant took out a dollar bill which was given to the driver.
 There was conversation on the float and Mir Stephens said 10 the de- fendant that ii should have been settled with fists and Hains said it is evident that you were not born in this country.
 "I asked the Hains brothers if they wanted to commit such crimes why they didn't select Pme place where women and children would not see it. and the defendant replied I am sorry as you are. l have been rying to keep him from doing it for some time
 Thornton said 10 me that he had saved my life; that if I had gone near his brother I would have been killed. said. that's a hice way o save mans life. to point d gun n his face and preventing him from saving a mans life"
 District Attorney Darrin drew rom satchel steel blue revolver which Mr Roberts identified as the weapon which he picked up on the loat after the shooting.