Daily Kennebec journal., 1908-12-29
TWO GOOD POINTS FOR
7. J. HAMS SCORED,
Defence In Murder Trial at Flushing,
LII, Is Now Having Its Innings
Witnesses Testify for Hains.

Flushing, N. Y. Dec 2S.--The de-
fence scored two material points in
the evidence auduccd in the trial of
thornton j. Hams. These defendant S
counsel assert. disprove the charge that
the author was a principal with lli.,
brother, Capt. Peter c. Hains, Jr.. in
killing William f. Annis of the Bay
SIDE Yacht Club. in Little Neck bay.
AN exhaustive ross-eyamination of the
two witnesses for the defence left the
main points of their testimony un-
shaken and Thornton Hains returned
to Long Island City Jail tonight de-
claring that the evidence proved his
innocence.
Testimony that Thornton Hams did
not go to BaySide to kill Annis. but tC
look at property was testified to by
Charles Weaver, agent for the Hams
Concrete Mixer Co, who further de-
clared that il was on his insistent in
vitation that on Aug. Il, the Iiains
brothers postponed a trip to Sandy
Hook and went to Bayside to inspect
real estate there. Weaver almost Sob
bed on the stand when he said that he
brothers on the journey that ended in
The death of Annis. The mental condi-
ton of Capt. Hams previous to the
shooting was testified to by MIR. Weav-
er. who asserted that from the actions
OF the captain he believed him to be
irrational.
The second point brought out by the
defence today was drawn from John
Tierney, a garbage collector, who said
lie was all eye witness to the trag-
euy.
Tierney declared that Capt. Hains
had ceased firing before his brother
ran down the float and that the defen-
dant did not draw his revolver unit
Charles Roberts. q club member, ad
Vanced toward Capt. HainS with the
captains revolver in his hand. Tierney
said that Thornton Hains did not point
his revolver at any one on the float
but called for an officer to arrest hi
brother. He did not see Mrs. Annis o.
the float. A severe cross-examinatio
did not make Tierney waver in the es
scntials Of his direct testimony.
Flushing, n. y, Dec. 2S.-Evidenc
was spread upon the record of the tria
of Thornton j. Hams, charged with be
ing a principal with his brother, Cap
tain Hams, in the killing of William
E. AnniS, today that the defence
claims supplies the reason for the Wis
it CT the Hams brothers to the Bay
side Yacht Club where Annis was shot
Charles r. Weaver. sales agent fol
the Hams Concrete Mixer Co, prove'
to be the days principal witness TO.
the defence and he declared that h
had induced Thornton Hains and hi:
brother to go to Bayside to look over
the property instead of going TO Sandy
Hook, where he said the Hams broth
ers Avere bound, when he met them or
Aug. Is.
Mr.. Weaver was permitted to tell .
CAPTAIN Hams mental condition that
dav and how the army captain appear
ed during the times he saw him pre-
vious to the shooting.
Joseph A. Shay of counsel for Hams
was called to the stand today when
the. trial opened. He told of the inter
view with Martin Skura the cabman
at Bayside, who drove the Ham:
brothers to the Yacht Club. Shay SAID
that Skura told him in the presence o,
Mr.. Young, associate counsei 1or tft
defendant, that the name Of Annis wa
never mentioned during the trip TO INC
Yacht Club and that no one asked mn
TO follow close behind the stage II
(which Mrs. Annis was driving
During the examination of the wit
moss mr.. Austin Flint, the alienls
came into court and sat near Thornton
Hains. DIR. Flint has been retained ps
the prosecution. Mr.. Shay sad ina
neither her nor Mr.. Young represented
themselves to Skura as newspaper
mon The witness added that he was
near Thornton Hams the night or the
coroner's inquest and the detendan'
had no conversations with OFFICER f'al-
i'm who testified that Hams SAID TO
him that he wished he 'could go down
into hell and get Annis and kiil MN
again"
John y. Mcintyre, chief of Hams
counsel, was then sworn and MS eH-
animation was conducted by LAWYER
vo,,np ue related the incident during
which officer Fallon said he heard the
defendant make a statement resaruins
Annis Mr.. Mcintyre said that ne sa"
Off1c.r Fallon going toward ihorntoi
Hains and that he instructed ms ciieh.
not to talk. The witness SAD .ilat
m, ,,.,,ton TJains made no statement TO
ro,,on in his presence. Only rev
''astio,s we're put to Hams chief
caunsel on cross-examination. Leo
Ruep a real estate dealer, followed
MCINTYRE on the witness stand.
Mr.. Bugg said he had b! been s, assoclat, esaate
cd with Mr.. Jesperson in real estate
and that last April he had properly 1or
sale near the Bayside Yacht oiup
Sometime in April l saw NJ T Rueg
fendant in my office" said Mr.. busg'
a.ns ~, talked about Bayside proper
tS. s'I Mr.. Hains asked for Mr.. Jesper- ,esI r.
son 80 ~. uains what was for sale at
douglas eu IS Manor, but he said tn the prop prop
ayt., nous vas @ not near enough to the water.
I ~ then said: I have some properey any
svnfo