The sun., 1908-12-20
NEW EVIDENCE IN HAMS CASE
COUNSEL HOPE GET COOKS
: AFFIDAVITS IN.

T'hey PuFp0rt to Tell OF the Relations oi
Annis AMI the Captains Wlfe--stats
Has ~ Mere Witnesses Unohicial
Test Of Gun like Capt. Hains's
There being no session Of the trial OF
7. Jenkins Hams yesterday the. lawyers
on both sides spent tho day going over
the weeks accumulation Of testimony
and planning the work for this week
The first witness to be called tomorrow
probably will be Fred Leavitt. superin-
tendent Of the Bay Side Yacht Club, where
Annis was murdered. Mr.. Leavitt al
ready has been on the stand for a few min
utes. Louis Harway. who was In the boat
with Annis at the time OF the shooting.
will be another leading witness to take
the stand for the State either tomorrow
or Tuesday, and Mrs. Annis. whom Mr..
Darrin called for q moment on Thursday
to complete his corpus delicti, will take
the stand again early in the week.
The prosecution still has some thirteen
witnesses on its list. and their Sexamipa-
ton. it is expected, will continue well
into this week. With the score or more
witnesses whom the defence will call
it now does not seem possible to finish
the trial before Christmas even II night
sessions are held.
Both sides profess themselves pleased
with the headway so far made and con-
hdept Of the ultimate result.
Gen. Hains yesterday received n letter
advising him to look mp William Garvan,
a former steward Of the yacht club who
was discharged and whose discharge
rumor attributes to Mr.. Annis
Among the pieces of testimony which
the defence holds regarding the relations
of Mrs. Peter c. Hains, Jr., and Mr.. Annis,
and over which a strong fight will be made
regarding its materiality as evidence,
are affidavits made by two former cooks
In Capt. Haips's household at Fort Hamil-
ton. These women are Minnie Rohne and
Emma Leavell. The latter took Miss
Rohne's place for five days Ia the month
OF December, 1907. Both women allege
having seen evidences Of very much undue
familiarity between the dead man and
the wife Of the army Captain while Capt.
Hams was in the West. Each affidavit
is written out in great detail.
The struggle to get these and other
testimony regarding the relations of Mrs
Hams and Annis and also regarding the
moral character Of Annis will be severe,
as Justice Crane. has shown that he is
greatly opposed to the admission Of such
testimony and will not wait for the Dis
trict Attorney to act before ruling it out
il he believes he can do 80 without error.
Mr.. Mcintyre says that he believes he has
two or three ways in which to get the
stuff on the record.
The prosecution plans this week to in
troduce letters alleged to have been
written to Editor Ripley OF Recreation by
the defendant and also a letter alleged
to have been written by him to Mr.. Annis.
Arrangements have been made for the
testing Of a. Colts automatic. pistol like
the one used oy Capt. Hains in killing
Annis. The tests will be made ct
Schuetzen Park, Astoria, probably on
Monday by Major John P: Hains. brother
Of ths accused, who is said to be regarded
as something of an expert with small
The desire for the test arises from the
conflicting statements Of witnesses re-
garding the duration Of the firing on the
yacht club float. Some OF the witnesses
have testified that the shots came so
quickly that they could scarcely be dis
tinguished one from the other, while
others noticed q distinct pause between
certain. shots. The defence contends that
asgevSfysr such - was used on that day
cahn6k be handled 80 as to give irregulan-
ties OF intervals between shots. Invita-
tions, have been sent to newspaper men
to attend the. tests at Astoria.