The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-17
1t Was Over Rejection of For
mer's Magazine Article.
ANNIS THE AGGRESSOR
According to Testimony Intro.
duced by Defense.
Birchfield Tells Story of the
Tragedy.

| Flushing. N. Y, Dec. 17.-Testimony
that Thornton J. Hams, drew a re-
volver and drove back those that sought
| to aid William E. Annis, while Captain
Peter c. Hams, Jr., was firing at An
| mis- as he sat in his boat at the Bay
| side Yacht club, was developed today
from Charles A. BirchfieId, called as
/ one of the states principal witnesses in
the case. Mr.. Birchfeld's evidence is
said by the prosecution to support the
| the states charge that Thorn
ton ]. Hains was principal and
| aided his brother in the Staying of An
| mis-.
stand back. He knows what he is
! doing. Don't interfere or YOU will get
the same thing were the words that
! B1rchf1eld testified that Thornton Hams
had used as he pointed his revolver at
/ him. Birchfield further declared that
! Thornton Hains drove Mrs. Annis away
| from her wounded husband with a re-
| volver. Birchfield will be under cross
| examination this afternoon.
Charles A. Birchfield member of the
Bayside Yacht club, testified that at the
club on the afternoon of August Is,
| he saw two men and a waiter talking.
| One of the men was the defendant,
Thornton ]. Hams, who when the wit
ness came up, engaged him in CONVEX
sation about real estate While they
were talking Thornton Hams compan-
ion came up and called the defendant
aside. The witness said he next saw
the defendant and the other man
walking down toward the dock.
There was quite a little gathering
on the dock,'' Birchfeld testified
There was Mrs. Annis, Mrs. Rockwell
and Mrs. Nesbit on the dock. I think
Mr.. Funke was on the dock. L went
down to the dock and talked with the
/ defendant. He told me that he had
made no deal with Mr.; Storm a real
estate dealer who had been mentioned.
''He asked me about the boats around
there and I said they were one-de-
sign class. He asked me if Annis had
one-design boat. He said he had one
and he wanted to know which one it
was. I pointed out Annis' boat COM
ing into the bay. Annis' boat had No.
on the sail. He asked me if Annis
had to come in before the race and 1
said that he did,
Birchfield described the shooting,
after which he said:
''The defendant pointed his gun at
me and said, stand back; he knows
what he is doing
sI moved a little forward and the
defendant said,- Don't interfere; you
will get the same thing"
The witness said he heard three
distinct and separate shots and several
others that came together
1.-The firing ceased after the gun was
pointed at me-" said Birchf1eId. "Annis
then came from around the mast and |
whether he touched the float I don't
know, but he fell into the water and |
two men pulled him OUT
Mr.. Birchfeld said that Mrs. Annis |
came down the runway screaming. At |
the bottom of the runway the defend |
ant said something to Mrs. Annis and
pointed his revolver at her. She turn |
ed and ran back up the runway still |
crying out.
Birchfeld said that he saw John Ton
ming. the boatman, run up and seize |
Captain Hains by the arm. Witness |
said he could not tell the exact moment |
the episode happened but thought it |
was just after the shooting.
1.-The defendant rushed to Tonning. I |
don't know what was said or done, but |
I saw Tonning release the captain.
They pulled Annis out of the water and |
went to call physician
With the ending of Birchfields direct
testimony an adjournment was taken
for recess.
Flushing, N. Y. Dec. 17.-Counse1
for Thornton J. Hams declare today
that the states witnesses called to
prove the charge that the author was
a principal with his brother, Captain
Peter G. Hams, jr., in the killing of
William 2. Annis, as he sat in his boat |
at the Bayside Yacht club last sum-
mer, will be subjected to long, ex-
haustive examinations. Hams lawyers
assert that the prosecutions wit
nesses were all close friends of Annis
and that there is little doubt they /
have rehearsed the tragedy with the
design Of presenting an unvarying
story.
A new light on the case was shed
this morning when Hams counsel ad-
mitted that Thornton J. Hams had l.
had some trouble with William E. An
mis- over the publication of a magazine
article last June It is said that the
author submitted a manuscript to Mr..
Ripley, owner of the magazine upon
which Annis was employed, and
that Annis induced Ripley to re-
turn it. Counsel for Hams state that |
the defendant then wrote a letter to |
Ripley saying he knew why the man
uscript was rejected and concluded |
with the words, ''I will get even with
him yet" This is the threatening let
ter referred to by Special Prosecutor
White in his opening address, accord
ing to counsel for HainS, who further
states that they will show that there
was no threat in the defendants COM
and that the episode sim
ply indicated Annis' feeling toward
the author. The lawyers state that
they will prove that Hams. some time
previous to this affair. had Annis dis
charged from position with a pub
fishing company.
It will be asserted when the de-
fense presents its case that Thornton
Hains and his brother went to Bayside
TO locate a home where the formers
young daughter. Molly, a sufferer
from a. throat affection might have the
benefit Of country air.
Story of the Shooting.
The story of the Staying of W. E.
Annis, as he sat in his cat boat and
was riddled with bullets was made
part OF the record in the trial of
Thornton J. Hains. Tracing the move
ments of the principals at the Bayside
yacht club tragedy with the aid of
miniature iron figures and models of