The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1908-12-26
Declared to be Flimsy, Biased, Preju-
diced, Contradictory, suspic-
ous and Doubt
full
ATTORNEYS CRITICIZED
The Defense viii Provo That the
Killing Of Annis Was Not
Premeditated at
All.

FLUSHlNG IL. l., Dec. 26.-George
Bolton attached to the district attor-
ney's office, in the Hams trial today
testified that the efforts to subpoena
John Tonning, the missing boatman,
would complete the prosecution of the
case. Motions to dismiss the indict-
ment We're considered, involving
technical argument. The justice denied
the motions. Mcintyre again pleaded |
for delay until Monday before the |
opening for the defense and was de- |
MED.
Attorney Joseph A. Shay presented
the opening address. After paying a
tribute to the integrity of the jury
Shay said he was Mortified and grieved
in this twentieth century that prose
cutting attorney should honestly and
sincerely ask a jury of twelve men TO
send to his death human being on
such 'flimsey, biased, prejudiced, con
Trajectory, suspicious and doubtful
testimony" He criticised his presence
while declaring that there was no
warrant in law for his, or special
counsel Dayton's appearance. He
! charged White and Dayton by being
engaged by friends of Annis and with
/ motives of revenge. He reviewed the
ruling of the court as adverse to the
! defense and declared he would show
| no premeditation and that there was
I no knowledge that the captain carried
| a revolver until the instant OF the
! shooting. He declared that he would
prove Thornton tried to prevent the
| killing and was horror stricken himself
| that the captain was mentally unbal-
anced, and would show cause leading
to that condition.
Crane interrupted Shay, making
stringent ruling against referring to
the relations between the captain and
Annis and declaring the truth of the
falsity which has no bearing on the
case
Shay declared tnat TIE first knowl
edge the defendant had that Annis
was at the club was when Burchfield
in his presence addressed a woman
as Mrs. Annis. He declared that when
he learned who she was he tried to
get his brother home. He said "Jen-
kins did not recognize Annis when
attacked in his bathing suit Quick
ly the captain rushed down to the
4 float. Jenkins was still on the dock,
lost sight of his brother and was sur
prised at the suddenness of his dis
appearance. Instantly there was the
rattle of shots and the captain was
behind the sail. Tonning was at his
side and he took the revolver from
his hand. pinioned his arms and with
his right hand lifted in the air about
to deal heavy blow Jenkins cried
Don't hurt him, he's m brother"
and rushed down to the end of the
plank Roberts took the revolver as
soon as it left the hand of the cap
tain AS the revolver was in the
hands of Roberts and was raised point
ing at Hains, Jenkins drew a revol-
yer and shouted Don't shoot. Keep
back. He'll kill you. Get an officer.
Well show you that all or most all
o fthe statements attributed to him
are false Well show you that Mrs.
Annis wasn't on the float nor pistol
pointed at her back"
Shay dwelt on the wife's wayward
ness and debauchery, declaring that
il seems while drunk she wrote hin
} plainly and all her letters We're SEN
in a package to Frisco. When she ar
e rived there, not waiting for a leave o
absence, he rushed to his wife. HI
declared: ITO be brief, the wife con
A. fessed all. Poor Peter Hams in th'
T. strain and toll for his country was il
4. a weakened condition, to such al eN
st tent that 1t was too much to bear an
n he was a madman." He declared tha
IL Thornton Hams was directed by hi
'e fatheT to watch his brother and "Tr
III and make him forget
" Shay dw alt ON the lineage of Jenl
I'd ins, citing his fathers army caree
He referred to the defendants dew
lion to his crippled motherless Cir
He pictured in moving terms that s1
s. declared that she was the innocel
Il cause as it was his desire to buy
X country home which led him to neg
1t tiations for the place at Bayslde t
ce declared that jenkins carried I