The Birmingham age-herald., 1909-05-04
HANS TRIAL IN ITS THIRD WEEK Important Testimony Is Given
 In Favor of Defendant NEGRO SERVANTS ON STAND Many Witnesses Testify To Conduct of Captain Hains at Different
 Times and Others Tell of Do
 ines of Mrs. Hans,
NEGRO SERVANTS ON STAND

Flushing N. Y. May 3.-With 13 of the defendants witnesses disposed of the Hains trial started on its Sird week today.
 Perhaps the most important bit of testi- mony on behalf of Capt. Peter c. Hains, Jr., the defendant charged with the mur- der of William Fl. Annis, came just be- fore court adjourned for the day when Leo Bugg, a real estate dealer, and member of the Bayside Yacht club, where Annis was shot, testified that he had dis cussed the merits of certain property ad- joining the yacht club with Thornton Hains, the defendants brother, and at one time made an appointment with Thornton Hains to meet him at the yacht club.
 Buggs testimony tends to show lack of reconciliation on the part of the de- fendant and to corroborate that of Thorn ton Hains, who testified that he and the Annis was killed for the purpose of find- ing Bugg or his barter, Jesperson, to inspect the Baysde property.
 Maj. John P. Halns, a brother of the captain, concluded his testimony at the morning session.
 Days Testimony
 Most of today's session was occupied by the examination of officers of the United States army and government em- ployes and the negro servants who were employed in Captain Hains' household when he was in the Philippines. The army men testified to conversations with Captain Hains at various times during July and August, 1908, and characterized his speech and conduct upon these oc- casions as Irrational.
 Emma Lavelle, the Hains cook and Minnie Rhome and Lillie Sawyer, negro maids employed by Mrs. Claudia Hains, caused considerable amusement in court by the characteristic manner of telling their stories of the alleged antics" of Billy" Annis and Claudia Hains at the Hains' Fort Hamilton home during the absence of the captain.
 Emma Layelle, colored domestic en- ployed in Captain Hains' home during 1907 and 1908, was called as a witness by the defense. She first met Captain Hains with his brother, Thornton, at Fort Ham, ilton in June, 190S the witness said.
 T said to Thornton" the witness tes- tihed, that it was too bad the captains home was broken up and Thornton said, Yes and 1 want you to tell me all you know about it.
 T told Thornton Hains that l saw MT. Analis in Captain Hains' home with his arms around Mrs. Hains and kissing her and when Mrs. Hains' saw me she said, Emma, this is my affinity
 Visits of Annis.
 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 some thing dreadful. They would stay up all night and drink and act ridiculous.''
 The witness told of a quarrel between Mrs. Hains and Annis during which Mrs Hains said
 ''To - with your wife. Am I not more to you than she s?' to which Annis replied, "Yes, in a way
 The witness says as she was relating these things to Captain Hains the muscles in his face were drawn and he elared and said:
 My God! What am l coming to? This Is enough to drive man mad l can't stand it."
 Referring to the trip which Mrs Hains took ito the mountains' during her hus- bands absence in the Philippines the witness said: "If one of her children had died we would not have known where to find the mother
 In cross-examination the witness said that although the captain frothed at the mouth and cried out when she was tell ing him and Thornton about Annis and Mrs. Hains. she did not stop talking about it. She said the captain kept asking her to go on.
 Paymaster Called.
 Maj. Timothy D. Kelleher of the United States army, now stationed at Chicago as chief paymaster of the department of the west was the next witness. While sta- toned in a similar position at the army building in New York he said the de- fendant on August 15, 1908, came to get his salary. The witness said that Cap tain Hains twice demanded half pay on the same day and on being told he would have to wait a few minutes. abruptly left the building only to return afterwards and again demand his check. His conduct was irrational.
 Robert c. Sutton, a clerk in the office of the chief paymaster in the army building in New York, corroborated Major Kel- leher's testimony and told of other oc- casions when he had seen Captain Hains at the paymaster's office when he acted irrationally in the opinion of the wit ness.
 Heard the Confession.
 Minnie Rhome, a negress employed as cook by General Hains in Washing ton, D. C., since last June, was the next witness. She had been cook for Captain Hains at Fort Hamilton and heard Mrs. Hains make the alleged confess sion of improper relations with Annis.
 Later the witness said she told the captain what had been going on in his home during his absence. The witness said the captain acted wild when she told him about Annis and Mrs. Hains and kept exclaiming "Oh, my God, this is terrible"
 Lillie Sawyer another of the colored ser wants in the Hains household at Fort Hamilton. testified that she had told Captain Hains all about the "goings on' of Mrs. Hains and Annis while the cap tain was away. She said she told the captain that Mrs. Hains was often out all night and that she and Annis would come to the house in an intoxicated condition The witness showed belligerent spirit under cross examination of District Att torney Dewitt and ruffled the dignity of the court by the manner in which she snapped out her answers.
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