Waterbury evening Democrat., 1908-12-22
WHOLE STORY
Prosecution jn lhe HsiDs Case Is Bri0QiDg Out the Ma0y
 Details
ALL CORROBORATED

Flushing, x. Y., Dec 22.-Counsel for the state declared again to-day that further reports that Mrs Claudia Hains was now in a Brooklyn board ing house and would be called as q witness are without foundation. Spe- cial Prosecutor White said that Mrs Hains is not within the Jurisdiction of this court and was not wanted as a witness.
 Joseph Shay of IIalns's counse., said before court opened that the de fense would put on the witness stand member of the Bayside Yacht club who would testify that Mrs Annis during the aftern6on when the shoot ing took place. This testimony will be developed to refute Mrs Annis's story that the defendant drove her from the t1oat with revolver
 Morrill, l.. Downs of Flushing, d Bayside Yacht club member, was the first witness to-day. He went to the club house with his wife and then went to the piazza where he was when the shooting took place.
 There was an unusual noise and commotiOn on the dock. 1 heard the firing and the screams of the people. started to the club house and then went to the float and said, Who did this shOoting?'
 MT Downs said that MT Roberts, Mr Andrews, Thornton Hains and Captain Hains were on the float. The defendant was near the runway and Captain Hains stood near him. The witness designated the positions oc- cupied by the witnesses on the float
 "Who did the shooting, and have they got him?" 1 asked
 Some people replied that they had and the defendant said Stand back. This is job for the police.
 "The defendant had revolver in his hand and it was cooked l then said, Have you searched him to see if he is armed further?
 "The captain stepped forward and I put my hands on his shoulder and the defendant said, No this is a mat ter for the police then said to the defendant. Who are you?' and he said, I am Captain Hains, son of General Hains of the regular army
 Then the real Captain Hains broke in and said. I am Captain Hains and he is my brother I then said that this was gentleman club and we cannot allow strangers to be armed. The defendant asked his brother if he should give it up"
 Mir Downs said that Thornton Hains then broke his revolver and handed him the weapon, after which the defendant took off his holster and belt which he wore around his waist and turned that over. The witness said he left the float and knew nothing further of what trans pired. He identified the defendant 5 revolver and holster which he later turned over to the police
 On crOss-eXamination MT Downs said he knew Annis only slightly
 Thornton Hains appeared in q
  than when he sat in court and lis tened dejectedly yesterday while Mrs Annis told the story of the shooting. The cross-examination of Mr Downs developed little of inter est, though MT Mclntyre's interroga tions exhausted every point of direct testimony
 Mr Downs was excused and John C. Stephens of Flushing, a Bayside Yacht club man, and eye witness of the shooting, was called. He vas seated in his boat when the shooting He said there was one shot. an interval of eight or ten sec onds. then several more shots. Mr Stephens said Annis rose at the first shot and after the other shots fell into the water. Mir Harway saU I'll the bow of Annis'S boat MT Ste phens said that on landing on the float he saw man swinging a gun and saving The first man to m )vC is dead man. or words to ;aat effect.
 Do you see that man in court? ?'
 Yes, the man next to MT Mcln- tyre"
 The witness said that later when the defendant handed over his re- volver. Captain Hains said, We have finished our business. There will br no more shooting"