Daily Kennebec journal., 1908-12-23

, defendant was near the runway and
Capt. Hams stood near him. The wit
ness designated the positions occupied
by the witnesses on the float.
Who did the shooting and have
they got him ." l asked Someone re-
piled that they had. and the defendant
said Stand back! This is a job for the
po ice
The defendant had revolver in
his hand and it was cooked. / then
said: Have you searched him to see
if he is armed further?' The captain
stepped forward and l put my hands
on his shoulder and the defendant
said, No, this is a matter for the po-
| lice | then said to the defendant,
Who are your and he said, I am Cap
| tain Hains. son of Gen. Hams of the
regular army
Then the real Captain Hams broke
in and said I am Captain Hams and
he is my brother 1 then said that this
was a gentleman's club and we cannot
allow strangers to be armed The de-
fendant asned his brother if he should
give it up"
Mr.. Downs said that Thornton Hams
lllcIl bIGhC lliS lCNOlVSI anu ioiiOSo
him the weapon, after which the defen-
dant took off his holster and belt which
we wore around his waist, and turned
that over
The witness said he left the float
and knew nothing further of what
transpired He identified the defen-
dant's revolver and holster which he
later turned over to the police.
On cross-examination Mr.. Downs
said he knew .Annis only slightly.
Thornton Hams appeared in much
more cheerful mood today than when
he sat in court and listened dejectcdly
yesterday while Mrs. Annis told the
story of the shooting. The cross-eXam-
ination of Mr. Downs developed little
interest, though Mr. McIntyre's inter-
rogations exhausted every point Of di-
rect testimony.
Mr.. Downs made it clear that the de-
fendant had first said that he was
Captain T1ains and that then Captain
Hams broke in With the remark that
he was Captain Hams and handed the
witness his card.
'Is it not a fact that when you said
to the defendant something about be
ing a gentleman, Captain Hains said:
'Annis betrayed my wife and took her
to New York ?" Il did not hear it"
did you hear the defendant say: I
only protected my brother. i did
not hear it"
MIR. Downs was excused and John &.
stephens of Flushing, Bayside Yacht
Club member and an eye witness of the
shooting, was called. He was seated
in his boat when the shooting COM
menced. He said there was one shot,
an interval Of eight or 10 seconds, then
several more shots. Mr.. Stephens said
Annis rose at the first shot and after
the other shots fell into the water. Mr..
Harway sat IN the bow of Annis' boat,
Mr.. Stephens said that on landing on
the 1ioat, he saw a man swinging
GIN and saying: "The first man to
move is a dead man. or words to that
effect.
"Do you see that man in court?"
eyes the man next to Mr.. Mcintyre"
The witness said that later when the
defendant handed over his revolver
Can't Hans said: 1--WE have finished
our business. There will be no more
shooting"
Concerning the conversation on the
float with the defendant Mr.. Stephens
testified:
II said to the defendant that I did
not sylnpathiza with him and he re-
piled. If you had brother you would
have protected him.. Il replied that If
T had a brother like that l would lock
him up and anyway in my country
they settle things like this with their
fists" The defendant said: guess
YOU don't come from this country. My
brother is an army officer and in the
army we settle things this way l an
swered that whatever country you
come from you should not have shot
him down like a dog, and the defendant
said: When you know all you Will
think differently. I was prepared to
protect my brother and I was prepar-
ed to shoot anyone who interfered
On cross-examination Mr.. Stephens
said he had only spoken to Annls once
in his life. The witness said his boat
travelled about 80 feet between the first
shot and the subsequent shots.
DO you regard it as important that
an interval elapsed between the first
and the subsequent shots?' Having
no interest in this case, l do not regard
If as important or otherwise"
Mr. Mcintyre wanted the answer
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