The Washington times., 1908-12-22
Defense Attorneys DiScon-
certed by Widows
Recital.
MISSING WITNESS
HAS BEEN FOUND
John TOnning, Boatman Who Saw
Murder, Is Expected to Give
CleareSt Account.

FLUSHING, L. l., Dec. 22.-Attorneys
for I. Jenkins Hams are very busy to-
day planning to discredit the testimony
given by Mrs. William L. Annis, which
more than anything else threatens to
send the sailor-author to the electric
chair for participation in the murder Of
Annis.
It became known just before the open
ing of court this morning that John
Tonning, the missing bOatman OF the
Bayside Yacht Club, has been located
by Hams lawyer, and viii certainly be
a witness for the defense TOnning's
name has figured thoughout the testi-
mOny in the case as that of one of the
most important witnesses. 1t was Tons
ming who, IL Is said, knocked the pistol
from Captain Hams hand just after the
shooting, and he was the one cool man
on the float At the time. He. Of all
others, can tell just what occurred. and
what he says will have the most i'm
portant bearing upon the damaging tes-
Jimony given by Mrs Annis.
John + Mcintyre, Hams counsel, viz
tually admitted that TOnning had been
found and would be called soon after
the opening of the defendants side of
the case
Serious Charges
1t was further intimated by d man
C'ose to the defense that the yacht
club member who Mcintyre expects TO
contradict the beCkoning incident re-
ferred to by the widow Of Annis viii
be made to tell that he was asked by
Elmer 5 White. Darrin's assistant. to
change his story Of the shooting 50 as
to support Mrs. Annis' story. Mcintyre
still further expects TO show that when
u
States attorney decided not 10 call
him.
IF they do not do So" declared Nc
Intyre this morning. Il certainly shall,
uo matter how damaging his story may
be to our side in other respects
Attorneys Darrin and White, supreme
Y confident in the success Of their case,
are prepared to call halt dozen VII
uesses to tie up the loose ends, One OF
these is Martin Skura, the hack driver
who drove the Hams brothers 70 the
club. He viii swear that T jenkins
Tains turned to the captain when he
saw Mrs. ATniS and her children in the
cub stage and said We have got him
now. We have got MIN now Skura
could not identify Thornton Hams be
fore. but now it has been shown by Mrs.
AnniS Ellison, the waiter. Burchheld,
and Roberts that the Hams brothers
were Skura's passengers, and this is eX-
pertinent.
Mysterious Witness.
prior to the arrival Of Justice Crane.
T. Jenkins Hams had q long and ami
mated conversation with his father,
General Hams, and his brother. Major
Hains. Both were plainly downcast and
tine defendant did his best to cheer
them NO. The general. however, shook
his head vigorously as his son made
remarks and indicated plainly that he
fully realizes the Importance of Mrs
Annis' story and the necessity Of gain
saying it.
lust as Justice Crane took his seat
Attorney Shay. for the defense. made
the following statement:
After a conference Of counsel we have
decided to call as one of our material
witnesses for the defense a member or
the Bayside Yacht Club, wEo was on
he float at the time OF the killing I
cannot give you his name. but ne viii
swear positively that at no time during
that afternoon was Mrs William +.
NnniS on the float and that Captain
Haius was on the float and Thornton
Iains still on the runway when the
shooting began"
Morrill, L. Downs, a member Of the
Bayside Club, who was in the club
house when the shooting began, was
the first witness He swOre that his at.
rention was attracted by a noise and
COmmOtiOn on the dock and he ran
down TO it, When he got on the float
ne demanded who did the shooting and
r Jenkins Hams told him. We are the
men"
Tries TO Get Gun.
AT that time Thornton Hams had a
cooked revolver in his hand" swore
Downs. II asked those present If they
searched the captain. and I started {,
do So As 7 did so Thornton Hains
pushed me aside and told me TO get
back. as it was job for the police
told him he must think us fools to lei
(Continucd ON Sixth PareA