Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1909-04-29
HAMS
AS MALICIOUS
MURDERER
PROSECUTION ARRAIGNS
ACCUSED ARMY OFFICER
Killing Of Annis Declares Cold
BIooded Crime; Insanity Plea
to Be Sole Reliance of De-
PENDANTS Attorneys,

f.I
r,,,,,ht,,n -, ~ 80
~ '' -hP''i ienei al
Ieler G. Hams. the defendant father,
will be the first witness called tomor.
row, when the defense for Captain
Peter C. Hains. Jr. begins its attemnt
to establish the insanity of the voung
army officer who shot and killed WIZ
liam f. Annis at the Bavside Yacht
club last August
Wher court adjourned TO-DAY former
District Attorney Young had complet-
ed his opening address for The defense
while previously the prosecution had
stated its case.
General Hains Will be followed bv
Major Hains. the captains brother.
and then by thirty witnesses who viii
testify concerning Captain Hains' ira
tional acts following the revelation Of
his wifo's alleged infidelitv and her as
soeiation with Anni4
The opening address of the pros
ecution was made bv George A. Gregg.
formerly district attorney of Ouoens
county. Mr.. Gregg is now associate
counsel with District Attorney Dewitt
Before Mr.. Gregg began his prcsen-
tation of the states case Justice Gar
rettson ruled that witnesses OF stat
and defense should be excluded from.
the court room except when testifvine
Mr.. Gregg began his opening ad-
dress to the iurv bv referring to The
shooting of Annis as deliberate and
brutal murder. in the first decree
committed with cold blooded design
Herbert Funlle testified he saw
Captain Hains standing Oh the float
with his arms folded and when An
mis- boat came M tho captain eXclaim-
ed "Annis, Annis." drew a revolver
and shot Annis as he Was stepping
nround the mast to the float. Fnnke
was in his boat. alongside. he said
and whom ne ottcmpted 10 sten ashore
"a revolver was pointed at him
on cross examination Mr.. MCINTYRE
asked,
ibid you notice that the captains
face was pale MS eyes bulging and
his mouth twitohing?"
mo, | did not" replied the Wit
ness.
Funkc testified that ne saw the
captain standing calmly on the float
with his arms folded watching the
boats lust before Aunis' boat came in
Charles II. Roberts of Flushing. a
member of the Baysidc Yacht club,
testified that he heard another mem
ber Of the Yacht club standing mean
linn on the float say:
"A negro would give a man a
chance"
after you were attracted by the
FIRST shot did yon hear the captain
cxclaim "Annis. AIMS, YOU have
my wife and taken my
children from NEE" Mr.. Mcintyre
asked on cross examination.
The witness replied that he did not
hear it.
The prosecution rested its case inn
after Roberts had concmd-
ed his testimony
Attorney Young in outlining the
case of the defense declared Hams
was insane when he shot Annis
Ills 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 aHis mother win tell you how
he stammcred i'm his speech and had |
10 be tenderly watched and guarded |
IN his childhood.
1--WE viii show that Captain Hains |
-en down a hatchway when twelve |
years old and was rendered uncon- |
scions from the blow on his head |
rom which he aid not recover for a |
ong time
Mr. Youpe-. snake of Captain Hains |
rim ia the Philtppine Islands where
~ beard of his wtfo's alleged miscon-
i,,ct snd bastoned home
"Tbose u.ho hroupht him across the
.ontinont rom san Francisco Will tell
,om of his mad actions" said Mr..
Young "He never slept al an dur
ng the trip and paced the sleeping