The Birmingham age-herald., 1908-12-20
Two Servants Will Testify
 Against Mrs. Hains
ORDEAL FOR THE PRISONER
Thornton Hains Is Yet to Face Mrs. Annis, Widow of the Man Shot and Killed By His Brother
 Peter c. F1ains.
By JAMES FRENCH TORRANCE.

By JAMES FRENCH TORRANCE. 1 New York, December 19-(Special. At torneys who have charge of the defense of Thornton Hains. after conference at [ the Long Island prison today, announced that they would call among the first wit nesses for the defense two servants who had been employed In the home of Capt. Peter c. Hains at Fort Hamilton while he was in the Philippines. The servants are Minnie Rhone who was with the cap tains family for five years, and who is now in the employ of Mrs. Peter C. Hains, Sr., the generals wife and Mrs. Emma Leavell, who lives at Bay Ridge. Both John Mcintyre and Joseph A. Shay of the defendants attorneys admitted that 1t would be difficult to make this testi- mony competent but expressed confidence that they had found a way.
 Emma LeavelIs Affidavit.
 The affidavit furnished the defense by Emma Leavell cannot be printed in full. It reads in part as follows:
 q was born in Baltimore I am married and my home is at Bay Ridge. I first became employed by Mrs. Hains on De- cember "A, 1907, for five days, to take the place of Minnie Rhone, the cook, who was going to visit her married daughter. I began on Tuesday. I saw Mir. Anns for the first time on Saturday at Fort Ham, { iton. Witen he arrived Mrs Hains turned 1 te me and ssid, .1nima, this is ms affin-' ity'
 He patted me on the back and kissed Mrs Hains and went into the room with his arm around her. There was another girl, nurse, and she and I talked about Mrs. Hains affinity. I said;
 's I see Mrs. Hains has an affinity and f she said, You ought to be here some- times the way she carries on is some thing dreadful.' I said, Why, Mrs. Hains don't go out in public with him.? and she said, Worse than that; when he comes here they act just as If he were i the captain
 Found Story True.
 "A few days after I went to live there I found what was told me by the nurse was true. Upon different occasions during that time Annis frequented the house, ! hugged and kissed Mrs. Hains. "A short time after this Mrs. Hains went to Boston, she said, to spend little time with her mother. Upon her return she would go out and stay two or three nights in New York
 Mrs. Hains' cousin, Mrs. Shaw, came from Boston and at that time MT. Annis would bring a friend with him. He would leave his friend with Mrs. Shaw in the parlor and he and Mrs. Hains would go into another room.
 l 1T remember one occasion in going down stairs Mr. Annis carried Mrs. Hains on his back.
 "A short time after Mrs Shaw came
 4<.II c1n was going to the mountains for rest and one night, about April 10, Mr. Annis i came and the three of them went away together They were gone for seven l days"
 Minnie Rhone's Story. l The statement of Minnie Rhone goes i into details regarding Mrs. Claudia Hains' i behavior with Annis and reads in part as i follows:
 "Claudia went up to town about week or so after I left town. She told Emma she had baldheaded affinity and loved him. Emma said: You think more of him than the captain?' She said: Why, I don't know She had been gong up town several days and Annis came down l on Saturday and stayed late. until o'clock in the morning. He was by him self did not see anything at first.
 She kept going up town and ns would 1 l lunch about twice week. He telephoned for her to go to the theatre and horse 1 races She used to go out in his auto l mobile and stay late. I remember he l, came down with friend and stayed all i night. I made coffee for them about ? ] a. m. Once I went to the pantry door, Mrs Hains was sitting at the piano. An his and Mrs. Hains were alone and he ! was bending over and kept kissing her 1 He would kiss her and walk around the i room and kiss her again. He kept that 1 up all the time I was looking.
 "She always called Annis Pap When i she went to Boston she told me MT. A. i went to Boston with her and not to ! tell When she left she said to me- I ! have disgraced myself and my children i had husband and I disgraced him and have nothing to live for, but it was I my own fault She said to her own mother: I would like to get hold of i Billy; he owes me some money, and I l would like to get it.
 Will Test Revolver.
 Eugene l.. Young, Thornton Hains' third i attorney, arranged today for Major John l Hains, U. s. A., the captains brother to ! test the automatic revolver of the type with which Annis was shot. The de- l fense hopes to prove that the eight shots i which the gun carried could be fired in 1 less than that many seconds.
 The Baysde Yacht club members. who l have testified for the prosecution, varied
 widely between the first and last shots. i According to their testimony there was l considerable time between the shots. l Although for three days Thornton Hains, i charged with the murder of William F. Annis. just as if he had fired the fatal 1 shots, has faced the witnesses for the
 state his real ordeal is yet to come 1 Tf fc tr1la that he has faped Mrs AuniS l the woman his army captain brother i widowed, in the court room and on the l witness stand He has not heard her real l testimony She was called at this time