Omaha daily bee., 1909-04-29
DELIBERATE MURDER Is CHARGED
Several Witnesses Describe
of Annis by Hains.
DEFENSE WILL BE IN
Captains Parents Will Testii :
Early Mental Eccentricities.
ALLEGED M1SCoNDu
Attempt VIII BE Made 60 show that
He Becnme Raving Mad when
He Henrd OF Her
WronEdoinR.

wrongdoing.
tITsIIING. " Y, April 2s-General
Peter G. Hains, the defendants father'
will be the first witness called tomorrow
when the defense for Captain Peter -
Hains. ir.. begins its attempt to establish
the ins anity Of tho young officer VINO sho'
and killed William f. Annls at the Bsyside
Yacht club last August. When court au-
iourned today former District Attorney
Young had completed his opening address
while previously the prosecution put IN "s
case TO establish proof OF the crime
The opening address Of the prosecution
IN the trial Of Captain Peter c Hams
jr charged with the murder of William T.
Arnis. was made today by George A.
Gregg. formerly district attorney OF
Queens county Mr.. Gregg is now asso-
ciate counsel with District Attorney cd
witt.
Before Mr. Gregg began his presentation
OF the states case. Justice Garretson ruleo
that witnesses OF state and defense shoupo
be- excluded from the court room except
when testlfying. District Attorney epwitt
requested that General p G. Halns, tather
of the accused. be also excluded but the
defense objected. and the court permitted
the general TO remain. General Hams
greeted his son with affection To-Day Out
the captain made no response
Mr.. Gregg began his opening ADDRESS 10
the Jury by referring to the shooting OF
Annis as n deliberate and brutal rnurder,
In the first degree, committed with coAu
Design.
First witness Called.
cIxr of
Flushing called as the first witness, identi-
fled some plans of the scene of the SHOOT
ing which he had prepared.
Charles H. Blrchfleld testified he was
nearby when the shooting occurred and
tprncd In time to see Annis fall from his
boat into the water. He saw Captain
Hams after the shooting, standing on the
float beside his brother.
Herbert Funke, who knew Annis well.
tesufied he saw Captain Hams standing on
the rloat with his arms folded, and when
Annis' boat came up the captain exclaimed; T;
"Annis AnnIs." drew a revolver and shot
Annis as he was stepping around the boat
mast TO the float. E'unke was in his boat
alongside the float he said, and when he
a,tempted TO step ashore, q revolver was
pointed at him.
\
and Law on the float mortally wounded
trunke testified. he heard Annis say:
"oh. Captain you have made an awful
mistake" and that Captain Hams replied
"Movbe I have. but don't think So"
The witness said Mr.. Downs, another
member of the yacht club, approached
Capta,n Hams after the shooting and asked
him who he was. Captain Hams promptly
handed a card to Mr.. Downs. saying
Here is my card" the witness testified.
ON cross-examlnation Mr. Mcintyre asked
Funke II he noticed Captain Hams ap-
pearance just after the shooting
"Did YOU notice that the captains face
was pale, his eyes bulslng and his mouth
twitching?" asked MIR. Mcintyre.
NO, did not"
Edwin Andrews, jr., member Of th'
Bayslde Yacht club. who was in boai
near the landing when the shooting oc
CURED. described the tragedy.
The prosecution then rested
OneuinR statement of Defense.
Eugene M. Young. OF counsel for Captain
Hains. In opening the case for the defense
told the Jury that evidence would be pre-
sented 10 show that Captain Hams haC
been insane as early as May 81, 1905 anC
vas insane at the time he shot and killeC
Annis,
his father. General Hains. will tell yo'
how. as a child. this defendant would walk
IN the night trmeblng and screaming will
terror. fHs mother vii ltell you how h,
stAmmefsd In his speech and had to h
tenderly watched and guarded during hi
childhood.
I'VE will show that Captain Hams fel
down a hatchway when II years old au,
was rendered unconscious from the blow
on his head, from which he did not recove
for a long time"
MIR. Young traced alleged eccentric &C
tions OF Hams down to the time he me
Annis and spoke of Captain Hams trip t
the Philippines, where he heard OF hi
wife's alleged misconduct and hastene
home
Those who brought him across the con
tinent from San Francisco will tell you o
his mad actions. He never slept at all dur
ing the trip and paced the sleeping car
annoyinG the other passengers ninght afte
night"
Mr. Young described he effect of tn
news OF his wife's alleged conduct as toll
by Hams father and brother. who sal
Claudia had confessed to them that sh
loved BILLY" AIMS.
'Hs raved. alternately laughing and cry
ing, during this time" said Mr.. Young
'and went about singing How Happy it
to be married. The thread had broken an
his mind gave way
Mr. Young said he would put in evidenc
the signed confession of Claudia Hams, N
captains wife. OF her relations with Anni
and a letter written TO Annis by. her afte
the captains return telling Annis that he
husband knew everything and warnin
Annis not TO come TO teh house.
Captain Hams was told that Annis kel
his collars and cuffs in Mira. Hams dresse
while the captain was away nd was calle
papa by the captains own children" sal
Ar Young.
We will show by officers of the Unite
states army that the defendants condu
during several months was decidedly ei
Iauc ana irrational" said Mr. Younl
This man was made insane By grief. shan
and mental shOck."