The Birmingham age-herald., 1908-12-19
WITNESSES TELL IF ANNIS KILLING Two Club sss yerS Describe
 the E. Affair
MAIN NIIntSS IS FOUND
Boatman Who Seized Captain Hains When He Fired the Shots Has Been Found and Will Be
 Brought Into Court.

Flushing, N. Y, December 1S.-The trial of Thornton J. Hains on charges of aid ing his brother, Capt. Peter c. Hains, Jr., in the killing of William E. Annis. was adjourned tonight until Monday after day in which the state developed the strongest testimony so far addueed. Two witnesses, Herbert F. Funke and Arthur Andrews, both eye witnesses of the shoot ing, swore that there was an interval be- tween the first shot fired by Captain Halns at Annis and the others that came in fairly rapid succession.
 Both of these club members declared positively that Thornton Hanis pointed his revolver at those on the float after the first shot and before the succeeding shots were fired. An exhaustive cross examination on this point, material to the prosecution's case, failed to shake their testimony Andrews stated that fol- lowing the first shot he saw the de- fendant point his revolver at the wit ness father There was a first shot, then an interval when there were some more shots in quick succession, then pause and last shot, which went through the sail. I ran when I saw Thornton Hains point his revolver at my father and stood under the dock" said Andrews.
 The witness, Funke, gave graphic de- scription of the shooting of Annis. Stand ing by with his arms folded the army captain waited until Annis boat swept up beside the float, said the witness, then lifting the obscuring sail, Captain Hains fired several shots at the pup lisher
 Justice Crane admonished the jury to be careful and not permit any one to discuss the trial with them, and then ad- journed the court until Monday. John Tonning, the boatman who seized Cap tain Hains by the wrist at the time of the snootlIyg ana who has been missing since early in October, has been loci and he will likelyebe witness in the case.
 Hains In Good Spirits.
 Thornton Hains appeared in an un- usually happy frame of mind today and talked animatedly with his brother, Major Hains and his lawyers as Mir Mcintyre closs-examined MT. Storm. The cross-ex- animation brought nothing new.
 Mir Storm was excused and Herbert l.. Funke, a friend of MT. Annis, was re- called to the stand He was at the Bay side Yacht club on the day of the tragedy and testified concerning the shooting and the incidents immediately preceding it.
 MT. Funke said he saw Captain Hains on the float as Annis boat came In. Thornton Hains was standing about a yard from the captain, who seized the boom of the boat with his left hand and with his right drew a revolver. Crying 'Annis," the captain fired at Annis and almost immediately Thornton Hains pointed a revolver at the witness wno was about seven feet away. The wit ness then said Captain Hains fired four shots at Annis, paused and fired again MT. Funke said he could not be certain but thought Captain Hains fired six times Thornton Hains dId not address the witness when pointing the pistol at him. Court then took a recess for lunch con-
 At the opening of court this afternoon Justice Crane said he would not hold court tomorrow. MT. Funke resuming the stand was asked about the scene on the float following the shooting.
 '"rhe shooting had not ceased when l noticed Mr. Roberts, who came forward. A pistol was pointed in Roberts di- rection by the defendant. They were about three feet apart"
 Was there any conversation later?
 "Yes. between MT Downs and the de- fendant MT. Downs asked the defendant to turn over his gun and he replied: There will be no more shooting. This is a case for the police. Call for an officer Mir Downs said that it was gentleman's club and he should turn over his revolver. The defendant then broke his revolver, saying, you notice there are no shots fired from my gun?'
 Cross-Examination
 Funke said a policeman came and Cap tain Hains was taken over to the cor ner of the float where Annis was lying He said he did not see the defendant again that afternoon. The cross examina- tion of Funke was then commenced.
 'Is 1t not fact that Capt Peter Hains put his hands on the boom and said to Annis 'Annis, Annis. You stole dren?'"
 NO, sir
 Funke said he did not hear the de- fendant say, Keep off; I'm running this affair
 Dr. L. M. Mcbride of Manhattan. a member of the Bayside Yacht club, was called.
 q was on the float when heard the first shot," he testified. q was look ing under a rowboat when I heard the shot I looked up and heard more shots, {: I saw the figure of a man with his hand holding revolver and his arm con cealing his face. stopped down again"
 After the shooting the physician said l he got out of the way He heard only 1 four shots.
 Arthur C. Andrews described the shoot ! ing of Annis.
 After the first shot" he said, "I | saw Annis take a few steps forward and 1 then there were more shots. saw | Thornton Hains point a revolver at my father who had jumped from the boat to go toward Captain Hains After that ! I jumped from the boat and stood on the i stones under the dock.''
 An adjournment was then taken until l Monday.
 Young Man Commits Suicide.