The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-26
STATE RESTS.
Counsel for T. Jenkins HainS
Outlines the Defense
In the Trial for Murder of w. e.
AnniS.
DENIES EVERYTHING.
EVERYTHING.
Declares the Prosecutions Tes-
timOny Is Untrue.
Will Prove That There Was No
Intention of Staying.

| FiuShnlg, L. l., Dec. 26.-The outline
of the defense of Thornton ]. Hams,
charged with being principal with his
brother, Captain Peter c. Hains, jr.. in
the killing of William f. Annis at Bay
side. L. L. last August, was presented
to the jury today. No testimony will
be taken until Monday. With the call
ing of one or two minor witnesses by
District Attorney Darrin this morning
the prosecution rested. and Eugene
Young, one of Hams counsel.
moved to dismiss the Indictment against
+ the defendant.
/ When court opened District Attorney
I Darrin called Policeman George Bolton
to the stand to tell of the efforts he
had made to serve a subpoena on John
Tonning the missing witness. He was
! excused and Louis Harway, who was
with Annis on the boat, was recalled.
> He gave the dimensions of Annis' boat.
| Following Mr.. Harway's brief testi-
! mony the prosecution rested.
Mr.. Young moved that the Indictment
against T. J. Hains be dismissed, but
the motion was denied.
Mr.. Young proceeded with his argu-
ment, taking the position that person
charged with being an accessory to the
commission of a crime could not be
tried until it was proved that the prin-
/ cipal was guilty.
Fright there 1 disagree with you"
Judge Crane said. Il hold that this
! man may be guilty Of murder in the
first degree, as proposition OF law, al
though the man who held the revolver
! and fired the shot was not guilty or
murder and was insane.
! Il am going to hold that a man may
! be guilty of murder committed by a
/ lunatic if he aided and encouraged it
knowingly and Intentionally, knowing
/ the act and it's consequences. In my
opinion a man who is present at the
commission of a crime and aids ana
abets it is not even an accessory under
| the common law, but a principal"
! With the conclusion of Young's argu-
ment, Joseph w. Shay, associate eoun-
sci for the defendant, Thornton Hafns'
/ in opening the case for the defense,
| charged that the evidence of the state
| bore every semblance of falsehood, IN
vention and manufacture. He said thar
the defense will prove that Thornton
Hains had nothing to do with the death
| of Annis that Hams had no thought OF
| Annis in his mind when he went TO
| Bayside. that he had no idea that
Annis was there, that Thornton Hams
| did not know his brother had re-
volver and that Thornton would have
prevented the meeting between ms
| brother and Annis if he could
I'VE propose to show you that the
! brother Captain Peter c. Hams. was
mentally unbalanced, and to show you
! the causes which created that condl-
! ton of mind" said Mr.. Shay He then
/ declared that Thornton Hams had con-
! ferred last spring with Messrs. Jesper-
4 son and Bugg who had property Tor
sale at Bayside near the yacht club and
that Mr. Bugg told Hams to meet MN
! anv Saturday at the yacht club.
! Mr. Shay said that on the day or the
killing of Annis. the two brothers leIL
Brooklyn. intending to go py hlotor
/ boat to Fort Hancock. Thornton D:
/ Hains carried his revolver to be nreo
! for a signal of distress in case the
motor boat ran short of gasonne or
! self protection in case OF attack py
thieves or river marauders Wheh IaIiu
1 ing after dark.
7That the captain had a revolver
with him on these occasions ana on
this day was beyond Thornton's wiloest
! imagfnation," said Mr.. Shay, for on
account of the condition of the captain
as we will show you the utmost care
was exercised to keep away from MIN
any weapon that might be dangerous 70
his own life
The trip 10 Fort Hancock was aban-
doned Mr.. Shay said, because OF the
time taken up away with talk with
builder and instead the brothers de-
cided to go to Bayside to look at the
lots Thornton Hams thought of buylnB.
Counsel declared that proof would be
adduced to show that on the day or the
shooting Captain Hams was mao
man as the result Of his marital trou-
bles which counsel related in detail to
the Jury. Describing the killing or
Annis. Mr.. Shay said that the Hams
brothers were inauiring at the Bayside
Z
estate dealer when Birchfield. who was
/ standing nearby. spoke to Mrs. Annis
by name At this time. he said, Thorn
tom Hams asked if that We're Billie
Annis' wife" and asked if Annis was
there. Thornton was told that Annis
was on board his boat which was then
approaching the dock Continuing, Mr..
Shay said:
Thornton Hams, realizing that q
sight of Annis to his brother would
probably mean the undoing of his mem
tal Improvement determined to get
aWay. It was then that he turned TO
his brother and taking him by the arm,
said. Come on Peter. Jesperson is not
here. Let's go back The captain
Instantly Birchfield ran down the gang
plank the boat being then in.
According to Mr. Shay Thornton
Hains did not come up with Captain
Hains until after the shooting ana
when Tonning had the captain in MS
grasp and was about to strike him. IL
was then. said the attorney. that
Thornton cried out Don't huFt hiih'
he's my brother.
Mr.. Shay promised to show that All,
or most all of the statements attribut-
ed to Thornton Hams are absolutely
false and untrue; that every shot was
discharged before Thornton was even
upon the float. that Mrs. Annis was not
on the float and that a pistol was NOT
nointed at her back and that mas
much as his brother was insane or
practically deprived OF his reason, the
defendant was only endeavoring to pre-
vent him from committing an act dan
gerous to himself or to another
With the closing of the defense's
outline Mr.. Mcintyre called District
Attorney Darrin to the stand for his