The Birmingham age-herald., 1908-12-18


 aging this affair? Did you hear Hans say that?"
 NO, sir.''
 MT. Mcintyre sought to show that the witness talked with Mrs. Annis about the case and what testimony he would give in the trial.
 No IIl-FeeIing.
 q have met Mrs. Annis frequently, but did not discuss the case with her. said the witness He said he had no i'll feeling against the defendant
 Have not your feelings changed since you learned what the deceased did to the wife of the brother of this defendant" q object" cried District Attorney Darrih.
 Sustained" ruled JusticeA Crane.
 Birchfield said that after Annis' boat had landed he did not notice where Cap tain Hains was and not until he heard the pistol did he turn around.
 When heard the shot turned around and saw man crouching down behind tho defendant and firing" Did it strike you that this defendant was rushing to his brother to stop him?'' An objection to the question was sus- tained. MT. Birchfield said he saw John Tonning going toward Captain Hains af- ter the shooting; his attitude was not threatening. Tonning took hold of Cap tain Hains' wrist.
 The witness said he did not see MT. Roberts pick up the revolver from the float and point it at Thornton Hains He did, however, see a revolver in Rob erts hand after the great excitement died down.
 Did you see the captains face? Didn't you hear the defendant say He's crazy; don't interfere with him, he may do the same thing to you?"
 ''If he did I did not hear him.
 Called Him Crazy.
 'I understood him to say, Keep back keep back, he knows what he's doing.'"
 Now you have testified that when the shooting took place you exclaimed, Is he crazy?' Why did you say that?'
 Because of the unusual affair, the shooting and the screams"
 Well, did you hear the words, For Gods sake, he is crazy; keep back, he does not know what he's doing? "
 No"
 Did you hear the defendant say, Get a police officer; I'll hold him until he comes?'' D
 T heard the defendant say, Get police officer but not the last part"
 Did you hear Thornton Hains say, T regret this as much as any one. have been trying to stop him for some timer"
 T did not hear him say that" Birchfield said that Thornton Hains did not discharge his revolver. The witness had heard Thornton Hains say to his brother before Annis' boat came up to the float, in effect that as Mr. Jesperson, real estate operator, was not there, they would go. Birch l field learned of Tonning's disappearance l only when he read of 1t in this mornings newspapers.
 This closed the cross-examination and | after a brief redirect examination MT. l Birchfield was allowed to leave the | stand.
 | Negro's Testimony. 1 Frank Ellison, negro, of Bayside took l the stand. He was a waiter at the 1 yacht club at the time of the shooting l He said that two men came to the | club on the afternoon of August 15 and l he had a short conversation with them l about real estate. It was shown through 1 MT Birchfield, who was recalled, that l these two men were the defendant and l his brother, Captain Hains. ''One of the men asked me-" said l Ellison, "If knew MT. Annis and where | he could be found" 1 Ellison, on cross-examination, said he | was not certain that the persons who | called at the club house were the per- sons who were pointed out on the dock | after the shooting. Frederick A. Storm real estate dealer l and member of the Baysde Yacht club, | took the stand l Storm said he went to the yacht club on the afternoon of August 15.
 MT. Birchfield came to me at the club | and I went down to the dock and saw Mrs. Annis, two other women and a | man I have since learned was T. J. | Hains. real estate conversation was brought up and I told him that I was willing to give up the race to earn a l commission. He said he would do bus mess with Jesperson, of whom never heard, because he could get better | commission.
 Nothing more was said about real es- 1 tate and Thornton Hains asked where is Annis? and I pointed out Annis' boat.
 Mir Storm said that he then was rowed out to the boat which he was to sail in the race. The witness said he heard the shooting from his boat l The direct examination of Mir. Storm was finished and the court adjourned un- l til tomorrow
 Freed of Murder Charge. Graeueboro Dorarobcr 1T-Uyilt