New-York tribune., 1908-12-18
SAY ANNIS WAS SOUGHT
QUERIES BY T. J. HAMS.
Testimony of Bayside Glib Members
-Tictim's Wife Changes Front.

| Thornton J. Hams began attack yesterday oh
the story that Thornton and his brother' Captali
/ Peter G. Hans went to the Baysde hacht Diuo
on real estate business thesnight OF the hlilis
of William E. Anns. Frederick A Storm ieal
estate dealer, testified that Thornton no" peihe
tried as principal with his brother In the muIuei
OF Annis met him a the yacht club on the hls"l
in question and that after little prehnlinaiS
business conversation Thornton asked "here All
mis- could be found. ~
ON this statement District Attorney Darrin hopes
10 base the proof that the alleged reaIty elI"'u
was merely a blind.
Another point claimed by the prosecution wa
made when Charles Birchfeld. former trleno o.
Anns testified ihat Thornton Hams drove nm
b.c With a revolver when he tried to prevent the
| shooting When court opened Justice Crane ru'ed
that the elaborate and expensive mooel o' ''
/ tragedy was Inaccurate and could not be useu'
on the whole. however, the defence 1eIt soni'
( .,+ ar,+ad over the outcome of the fourth day oi
the trial The prosecution. after taking coI-
siderable testimony, was obliged 10 go
and bring witnesses to prove that "lii"'i -
Annis had been killed. Mrs. Annis, Wldo" or t'e
,,cti,, was herself put on the stand to estaohsh
the fact of his death Martin SkuTa' VINO salu II.
drove the brothers to the club on the hlei % 49,,
shooting proved so worthless witness ihd' NJ
Darrin withdrew him I'm confusion aho was ''
linked bv the court for his lack of preparauoi'
Frank Ellerson negro waiter at the yacht c'uo'
also proved dEa ppointngly forgettul as 20 'i'e
/ Of the Hafus brothers He did however that
/ he had been approached by man WHO 'i'D
10 have hin, sign statement that 1t was not the
Hams brothers who appeared In the clup reSel''o'
room on the night of the shooting and asked ABOUT
Annis. He said he refused TO sign the s'a'e''e"''
WIDOW NOT HOSTILE TO HAINSEs.
II was learned yesterday that Mrs Annis largely
upon whose testimony the state eXpec'en 10 coN4O'
! Thornton j. Hams of murder in the frst degree "S
/ an accessory to the killing Of her hnsoaIu' . no.
/ changed her attitude toward the brothers al'eI
hearing more detailed reports of the cirouInslanT9
surrounding the tragedy and was no longer ilos i
! At first she felt the most active ahHloei'' '0
! both brothers 49,,
Another new light on the was shed IN '"e
! morning when Hains's counsel said that Iho'i'oH
! J. Hains had had trouble with NiiHaul l.
Annis over the publication Of magazine article
last June. said that the author suOiIi''eu
/ r,anuscriDt to Mr. Ripley of the magazine
on which Anns employed IN May anu 'i.''
Annis induced Ripley to return It. Counsel loi
Hams says that the defendant then Wrole a Ie''ei
10 RIplev saying he knew why the manuscript was
rejected ard added. will get with him yet.
This the threatening letter referred to by Special
Prosecutor White his opening address, according
to counsel for Hams, who further say they VIII
show there was no threat in the Defendant
/ communica ton and that the episode simply indl-
/ Gated Annis's feeling toward the author The law
vers say that they will prove that Hams some time
previous this affair had Annis discharged from
place with publishing company.
II will be asserted when the defence presents its
case that Thornton Hans and his brother went to
! Bayside 10 find home where the authors young
daughter Molly, a sufferer from a throat affection
/ might have the benefit Of country air.
: The defence also claims Mr. Birchfeld, who lives
at No 84s East 18th street. Manhattan. He has
also been considered one Of the states chiet VII
resses. and his testimony yesterday was not CON
sidered particularly in favor OF the defence when
! Mr. NcIn+vre chief counsel for Thornton j. Hams
grilled him during long and trying cross-eXamlna-
! ZION The defence expects, however, that he Will
give evidence that will cast doubt in the Jurors
/ minds whether Thornton j. Hams did not as d
/ pF fact lly q BaySlde
to look after a proposed real estate deal and not
/ to assist his brother kill Anns. Yesterday he
testified that Thornton J. Hams learning that Nj
Jespeson the real estate man. was not to De 1ouhu
I about the club grounds, urged Captain Hams, IN
Birchfeld's hearing, TO away.
Thornton Hams was greatly pleased with the re
suits OF the day.
/ This has been a field day" said he Il look a.
the situation In this manner: The prosecution has
used much of its best material. out OF which we
have scored q number of very telling points 1t has
! not much left, while all of the defence remains for
Us. l have felt confident of acquittal from the
first. Now I feel certain Of it
There was same excitement when IL was said
! that Charles A Curtis of Princeton N j, who
/ had written General Hams to offer testimony re-
I garding alleged boasts made by William E. Anns
1 regarding Mrs Peter {. Hams jr.. wife of Captain
Hams had committed suicide near Baltimore. The
/ defence had placed some considerable dependence
/ on this witness testimony The suicides real
/ name is said to be Orlan {. Cullen, which may
have been the name of the letter writer The cause
Of the suicide and. indeed the fact whether or Tot
| it really was ths witness for the defence who
/ took his life appear to be surrounded with some
/ mystery.
MRS ANNIS CALLED.
The alIing of Mrs. AnnIs by District Attorney
Darrin created a stir in the court. She laid aside
,,ar heavy seaskin cloak evidently expecting long
/ ordeal District Attorney Darrin. however simply
asked her If she saw her husband in the Flushing
! Hospital
Il did" she replied.
Did you see him die?"
Yes, sir
what was the tme?" asked Justice Crane.
About twenty minutes past seven" she said.
Whether Mr. Mcintyre would have ventured 70
/ cross-examine Mrs. Annis or not. any chance that
he might have done was vehemently negatived
| by the defendant, who vigorously shook his mead
at his couGcs. Whispering:
No, no, no.
Mrs Annis is expected TO spend considerable
| time in testifying either to-day or tomorrow.
Mr. Birchheld testified that Thornton ]. Hams
| asked him about real estate, and that while they
/ were talking about an Introduction TO MI storms
| the gentleman with the defendant (meaning Cap
! tain Hains) beckoned to him. calling him aside
."They held a whispered conversation" said the
| witness.
/ Where did you next them?"
.Tbev were walking down the dock. A little later
I saw them standing at the end of the strinspeoe.
! Others also were on the dock-Mrs. Annis. Mrs.
| Rockwell Mrs Nesbit and others entered again
into conversation, and we talked OF boats
.oTbe defendant asked me if Anns's boat was one
of the one-design class.
"T pointed out the Annis boat, which bore the
/ number :. It was of two boats coming down
the hay.
He asked me If Annis would have to come in be
| fore the race. I replied tnat he would. as L al
;lad biDl nd would