Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-04-29

| Charles H. Birchfield, who was near
| by when tie shooting occurred, said h
turned in time to see Annis fall from
his beat into the water. He saw Cap
tain Hams after the shooting standing
quietly OH the float beside his brother
| On croSS-eXamination the witness sale
! he GiA not notice the defendants ap
pearance closely after the shooting hu
| he, the witness, had shouted For God!
| sake he is crazy
Herbert Funke, who knew Annis
| well. testified that he saw Captain
Hams standing on the float with his
arms folded and when Annis' boat
| came UP the captain exclaimed:
"Annis, Annis," drew a revolver anf
shot Annis as be was stepping around
the mast Of the float.
After Annis was taken out of the
water and lay on the float mortally
| wounded, Funke testified he heard An.
| mis- say: ooh, Captain, you have made
| an awful mistake" and that Captain
Hams replied: Maybe I have but ]
don't think So"
Charles H. Roberts of Flushing, a
members of the Bayside Yacht Club,
testified for the state following the re-
cess. The witness was on the float at
the time Annis was shot and helped
lift him out of the water after he fell
overheard. He said he heard the de-
PENDANT say he was Captain Hams
of the United States army, Coast Ar
tillery.'
After the shooting Captain Hams had
turned to his brother, Thornton, the
witness declared and said: keep still,
this IS my business
Roberts was shown a heavy maya
zine revolver and identified it as the
one he found ON the float after the
shooting The defence admitted it was
fed he heard another member Of the
Yacht Club standing near him on the
loat say:
"A Negro would give a man a
chance"
After you were attracted by the
first shot did you hear the captain ex-
claim: 'Annis, Annis, you have de-
bauched my wife and taken my chill
dren from me?" Mr.. Mcintyre asked
IN cross examination.
Witness replied that he did not.
Roberts said after the shooting Cap
ain Hams placed the end of cigar
cite in his mouth and paced rapidly up
md down the float.
On the way to the police station
Roberts said Patrolman Baker asked
the prisoner what he had used to shoot
Annis.
"A 45 Colt automatic" the witness
said Captain Hams replied, and point
ing to the holster slung under his coat,
showed the patrolman where he had
carried the revolver.
Roberts said he had not mentioned
the conversation between Hams and
Patrolman Baker when a witness in
the Thornton Hams case because he
had not been asked about it. !.
The prosecution rested it's case imme-
1iately after the witness, Roberts, had
concluded his testimony.
His father, General Hams, will tell
you how, as a child, this defendant
would wake in the night, trembling and
screaming with terror" said Mr..
Young, continuing his address. His
mother will tell you how he was diff
fercnt from other children and STAN
mered in his speech and had to be ten
derby watched and guarded during his
childhood.
eve will show that Capt Hams fell
down a hatchway when ~ years old
and was rendered unconscious from the
blow ON his head, from which he did
not recover for long time"
Mr.. Young traced alleged eccentric ac-
items of the captain during his army ca
reer down to the time he met Annis in
1866 and the two families became intimate.
He spoke of Capt Hams trip to the
Philippines where he heard of his wife
alleged misconduct and FASTENED home.
"Those who brought him across the con-
tnent from San Francisco will tell you of
his mad actions" said Mr. Young. HE
never slept at all during the trip and
paced the sleeping car. annoying the
other passengers night after night"
Mr.. Young described the family con-
ferences after the captain arrived from
the Pacific coast and the effect upon the
captain of the news of his wife's conduct
as told him by his father and brother
ho said Claudia had confessed to them
that she loved Billy Annis.
HE raved, alternately laughing and
crying during this time" said Mr.. Young
land went about singing How Happy 1t
Is to Be Married. The thread had
broken and his mind gave way
Mr.. Young said he would put in evil
dence the signed confession of Claudia
Hams, the captains wife, of her rela-
lions with Annis and a letter written to
Annis by her after the captains return
telling Annis that her husband knew ev-
erything and warning Annis not to come
to the house.
Captain Hams was told that Annis
kept his collars and cuffs in Mrs. Hams
dresser while the captain was away and
was called Papa by the captains own
children said Mr.. Young.
Mr.. Young said the defence would show
that all these things had caused the de-
fendant to go into outbreaks of ,maniacal
frenzy at various times, always followed