Evening star., 1909-05-03
WITH TRIAL
Counsel Offer More Testimony
in Hains Case.
THIRD WEEK OF HEARING
Maid Relates Occurrences in the
Captains House.
PRESENCE THERE. OF ANNIS
Army Paymasters Tell of Conduct on
Part of Defendant Regarded
as Irrational.
THIRD WEEK OF HEARING
PRESENCE THERE. OF ANNIS

Part of Defendant Regarded
| as Irrational.
| FLUSHING, n. Y, May 3.-Nith Nal
John z. Hains, the defendants brother'
on the witness stand, the thlrd week OF
the trial of Capt. Peter {. Hams, 1r., Tor
the killing Of William T.. Annis opened IN
| the supreme court here today. NAL
| Hams was under direct examination by
counsel for the defense when court ad-
| tourned Saturday. Today John r. Nc
Intyre, chief counsel for Capt. Hams,
concluded the direct examination OF the
witness by having him identify the round
| trip ticket coupons which Thornton Hains
testified he had bought for the defendant
and himself the day they visited Bayside
and Annis was shot. The witness said
Thornton Hams had showed them to him
several times after the TRAGEDY.
| According to present plans the defense
will call Mrs. Virginia Hams, the mother
of the defendant, as it's witness. She is
expected to tell of the eccentric1ties OF
Capt. Hams as a child. tending to show
| that the boy was peculiar and OF alb
normal proclivities in his early years.
Begins the Cross-Examination.
District Attorney De Witt began his
cross-examination of Maj Hams by ask
ing him about the first interview he had
| with the defendant after the latter's re-
turn from the Philippine Islands. The
| district attorney went into this CONVEX
sation in detail again, with the view
| Of showing that each separate act of the
defendant at that time was not neces-
sarily irrational.
Did your brother wear eyeglasses
when you met him after his return from
the Philippines" Mr.. De Witt asked.
"As l remember, he carried them, but
did not have them on at that time," re-
piled the witness.
WAS it his custom to wear them?''
He wore them, off and on.''.
DO you know when he stopped wearing
glasses?"
II don't know that he has stopped
wearing them," the major replied
1t is contended by the prosecution that
Capt. Hams, stopped wearing glasses
since the shooting and because his near
ner, for the peculiar stare In the de-
fendant's eyes which has been referred
to repeatedly by the witnesses for the
Maj. Hams was then excused.
Colored Maid Testifies.
Emma Lavelle, colored domestic, en-
ployed in Capt. Hams home during 1907
and 1908. was then called as witness by
the defense. She first met Capt. Hams
with his brother Thornton at Fort Ham
ilton in June. 1908. the witness caid.
Il said to Thornton the witness testi-
fed, that it was too bad the captains
home was broken up and Thornton said,
| Yes, and / want you to tell me all you
Ennyxr n I Hoin
that / saw Mr.. .Annis in Capt. Hams
home with his arms around Mrs. Hams
| and kissing her." continued the witness.
land when Mrs. Hams saw me she said,
| Emma, this is my affinity.
Carried on Dreadful.
The witness testified that Annis made
frequent visits to the captains home
while the captain was in the Philippines.
She said: THE way they carried on was
something dreadful. They would stay up
all night and drink and act ridiculous"
| The witness told of quarrel between
Mrs. Hams and Annis. during which Mrs.
Hams said: ITO - with your wife. Am
| not more to you than she is?' to which
Annis replied, Yes, in way" The wit
| ness said as she was relating these things
to Capt. Hams the muscles in his face
were drawn and he glared and said,
My God, what am l coming to? This
| is enough to drive a man mad. l can't
stand it,"
Trip "to the Mountains"
| Referring to the trip which Mrs. Hams
| took Ito the mountains during her hus-
bands absence in the Philippines, the wit
ness said: If one of the children had
died we would not have known where to
! find the mother
On cross-eXamination the witness said
| although the captain frothed at the
! mouth and Grief OUT when she was tell
ing him and Thornton about Annis and
Mrs. Hains. she did not stop talking about
| 1t. She said the captain kept asking her
| TO go on.
Maj. Timothy d. Keleher of the United
States Army. now stationed at Chicago
as chief paymaster of the Department Of
tthe West, was the next witness.
Considered Conduct Irrational.
| While stationed in a similar position at
| the army building in New York, he said.
| the defendant August ). 1905. came to
| him to get his salary. The witness said
| that Capt. Hams twice demanded his pay
| on the same day, and on being told he
| would have to wait few minutes,
abruptly left the building, only to return
| soon afterward and again demand his
check. His conduct was irrational, the
witness said
Robert c. Sutton. clerk in the Office
| OF the chief paymaster in the army build
| ing in New York, corroborated Maj Kel-
eher.s testimony. and told of other occa-
| sionS when he had seen Capt. Hains at
| the paymaster's Office when he acted IRA
| tionally, in the opinion of the witness.
Another Servant Testifies.
Minnie Rohne. a servant in the cap
tains household at Fort Hamilton, was
| the next witness. She saw the captain
| on the first ray of his return. some
| time in the afternoon, she said Sunday
| morning at 2 O'Clock. she said she heard
| a conversation between the captain and
| Mrs. Hams.
The captain was asking Mrs Hams
| where did she 60 and she said she was
| up in the mountains.
| said by boat, and when he asked her
| did not go to the country at all, but
went to New York city.
She said I've been lovin' Billie Annis
for five YEARS
"The captain ne hollcred oh, nv God.
| my God. My house is ruined NV house
| is ruined. Oh. my God. my Cod
| The witness then narrated in detail
several episodes. and described tho ef-
| feet of the narration Capt Hains
when she told him.
[ Recess was taken AZ tho end of the
| direct examination of the witness.