Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1908-12-19
SHOWS DEFENDANT
TO BE A PRINCIPAL
STATE CLAIMS FuNkE's TEsTI.
MoNY STRENGTHENS coNTEN,
TIoN THAT BOTH BROTHERS
PREMEpIATED THE MURDER.

Flushing, N. T., Dec. lS. = inc
most dramataic story yet told of the
Staying of William E. Annis was re-
counted tosay in the trial of Thorn
ton J. Hams, charged with being a
principal with his brother in the kill
ing of Annis, when Herbert Funke, 81
member of the Bay Side Yacht CLUB.
told how Captain Hains lifted the
swinging boom of the Annis boat, and
calling "Annis,' fired several shorts
1t him as he sat at the tiller
*'There was a pause after the first
shot, then came four snots in success
sion, after which came a single shot"
declared Funke.
1T was after the first shot and be,
fore the other shots were fired that
Thornton Hains drew his revolver
and pointed it at me-"
8 The prosecution claim Funkeis eyi-
aence is another proof of the states
contention that the defendant was a
principal and was aiding his brother
III carving out a preconceived plan
10 kill Annis.
Prosecution Scores.
The first jar to District Attorney
Darrin's structure came when Martin
Skura, the hackman supposed to have
driven the prisoner and his brother,
Capt. Peter G. Hains, Jr., from the
train to the yacht club the afternoon
of the murder, failed to identity T..
Jenkins Hains as one of his fares that
II RI 1riu c, RI
the courtroom hopelessly when asked
II either of the two men he had driven
We're present and, after looking at the
prisoner and away again, answered: ::
NO
The district attorney was compelled
TO withdraw his witness and ask for
over with his special counsel Elmer
s. White.
AT the request of Attorney McIn-
tyre. chief counsel for the defense,
What the boy driver had said was
stricken from the record.
Another faiulre TO identify the pris-
oner as one of the men who went to
the Bayside Yacht club on the after
noon of August 15, was developed by
a colored waiter employed by the
club, Frank Ellison. He testified that
two men came to him and asked him
about real estate dealers in the vicin-
lty of the club and then one of the
pair asked il the waiter knew Mr.. An.
mis- and when he would be in. The wit
ness, however, could not say whether
the defendant was one of the two
men, nor could he describe the two
men in any way.
Friends of Annis Recalled.
Mr.. Darrin got around this difficulty
\ by recalling Charles A. Birchfield tc
q Testify that the waiter had refered the
81 men to him, and that the two mer
were the Hains brothers but ever
"A then 1t was impossible to establish
which one had asked about Annis.
Finally Birchfield. himself mem
Der of the club, and who was a per
Honal friend OF Annis. surrendered tc
cross examination Of Mcintyre anC
told about what the latter wanted hin
81 to tell. He said that after T. Jenkin:
Il Hams had asked him about a real es
tate agent. the defendant then asked
about Annis' whereabouts. On beins
told Annis' boat was coming in towart
the float then, T. Jenkins Hains, b,
admission of witness, said to his
brother:
.sJesperson is not here. Captain
Let lis go back
This, the defense contends, fits il
with the prisoners own story of tn,
tragedy,-he incurred about Annis e
make sure that his brother, who's,
feelings against Annis he we'll know
should not meet the man that day
and, when he found such meetin.
would be unavoidable if he and hi
brother remained longer, tried to ge
the captain away.
h.eh,+.n+, Ad;n,..