Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-12-21
One Of Eye Witnesses to Tragedy
Tells Graphic Story
in Court
THORNTON HAMS TOOK PART
With Loaded Gun He Prevented BY.
ISLANDERS From Interfering - Broth
ers cooIy Lighted Pipe and cisa.
Immediately Following Shooting
Peculiar Way to Save Life.

Flushing N. Y, Dec. 21.-When tn
trial Of Thornton j. Hams, charged a.
principal with his brother Peter in kill
ing William K. Annis, was resumed to
day, sensation was caused when
became known that District Attorne
Darrin, angered at the comments mad
on his conduct of the case, prepared
withdraw from the trial and tender hi
resignation from the office last Satur
day Darrin said:
Il wanted to withdraw summariE
from The case because Of the comment.
made by the court, press and public
on the way I have handled this case
But have been persuaded to continue
the prosecution and not resign from
office, as I intended"
Charles Fl. Roberts, member of the
Bayside Yacht club, testified that he
saw defendant and his brother, Captain
Hains, at the club together with club
members who were on the dock and
float when Annis was killed. Roberts
said:
Il was standing near the gangway
when I observed Annis' and Hills boats
coming toward the dock. The boats
were coming alongside the dock when
heard shot and Mrs. Annis scream,
look out Will started across the float
toward Captain Hains, who was in a
crouching position. 1t was then that
Thornton Hains stepped ip between us.
pointing revolver In my face, and
said: Keep off, keep of, or l will kill
you.'"
Calmly Smoke After Shooting.
Roberts said Capt. Hams was about
three feet from Annis.
II stopped when Hains pointed tha
gun in my face, and saw Annis stag
ger and fall into the water. / pulled
him out of the water. Annis was
placed on the float. Defendant was
six or seven feet away. After the first
shot I started across the dock and
the pistol was them pointed in my
face. 1t was held there until the
firing was over After the shooting
the Hans brothers moved over to the
other side Of the float, said Roberts.
Defendant lit cigaret and the captain
lighted his pipe. Captain Hains opened
his card case and handed out a card,
Roberts said: II said to Captain Hams:
1.-THE army must be proud Of officers
like you" Defendant said he wanted
to explain. told him I did not want
any explanations. I told Thornton
Hains: You are as guilty as your
brother You prevented US from
stopping the shooting and defendant
replied: What could / do; he is my
brother" Witness said Thornton
took his brothers wrist as IL feeling Of
his pulse.
Peculiar Way to Save Life.
'There was conversation on the float.
and Mr.. Stephens said to defendant
that it should have been settled with
fists, and Hains said: Tt is evident
that you were not born in this coun-
try asked the Hains brothers II
they wanted to commit such crimes.
why didn't they select some place
where women and children would not
see it, and defendant replied: I am as
sorry as you are I have been trying to
keep him from doing 1t for some time
Defendant asked If he could have q
drink Of water, and Mr.. Storm re-
marked, There is plenty of water in
the bay Thornton said to me that
he had saved my life, for if had gone
near his brother I would have been
killed. / said: That's a nice way to
save mans life, to point a gun\ in
his face and prevent him from saw
ings a mans life"