The Montgomery advertiser., 1908-12-18
MRS. W. E. ANNIS ON THE STAND Tells But Little of the
 Case. TRIAL OF THoRNToN-HAINS Witnesses Tell of Tragedy at Bay- side Yacht Club. Justice Crane Decides Against The Model Which The Defense Had
 rtspaied To Use Tn The Case.
TRIAL OF THoRNIoN-HAINS

Flushing. N. r., Dec. t7-Fredaricle A. storm. a real estate dealer, testi- fled today in the trial of Thornton Hains as principal with his brother. Captain Peter c. Hains. in the killing of William E. Annis. that the defend ant had inquired as to the Whereabouts of Annis shortly before the latter sailed up to the dock where he was shot.
 Thornton HAins stopped talking about real estate and asked me where Annis was," said the witnesg
 T pointed out Annis' boat. then saii- ing toward the float"
 The shooting of Annis followed.
 It is upon this statement of storm that the prosecution hinges its conten- ton that the Hains brothers hunted up Annis for the purpose of killing him. and that the real estate inquiry at the yacht club was blind.
 other important testimony was given by Charles Blrchfield friend of Annis, who declared that Thornton tiains drove him back with drawn revolver when he sought to stop the shooting. Thornton Hains also drove Mrs. Annia from the float with his revolver, &C., cording to Birchfieid.
 Mrs. William E. Annis, the widow or the victim of the yacht club tragedy, gave brief testimony to establish the death of her husband. She will take the witness stand again.
 When the case against Thornton J. Hains. was resumed this morning, q new limit on the case was shed when Hains' counsel admitted that Thornton Hains had had some trouble with An- his about the publication of maga- zine article last June
 It is said that the author submitted Q manuscript to Mir. Ripley. owner or the magazine upon which Annia was employed and that Annia induced Rip ley to return t. Counsel for Hains state that the defendant then wrote . letter to Ripley saying he knew why the manuscript was rejected and con cIuded with the words. .sL win act even with him yet This ia Rhe khraateus ing letter referred to by Special prosa- eutor White in his opening address. ac- cording to counsel for Hains.
 It will be asserted when the defense presents 1t case that Thornton FEaina and his brother went to Baysida to locate home where the formers young daughter Molly. a sufferer from a throat affection. might have the bsno- fit of country air.
 Won't Use Model.
 When court opened today Justice Crane announced that he had decided against the use of the model which the defense had prepared to show the rela- tive positions of the parties at the time of the shooting of Annis.
 Tt is clear" he said, ''that this model is out of all proportion and gives false impression to the jury. I would suggest that you obtain photograph to show it's correctness and then it may be used"
 Counsel for the defense noted an ex. ception and the state called pr. John- son Macleod. of Flushing, He said he 15 and found Mir. Annis lying on the float.
 'Dr. Houghton was there and there were several club members walking about There were several gunshot wounds in Annis' body and I directed his removal to the hospital"
 sDid you see Dr. Jones. Che house physician. in the hospital?"
 Yes"
 . Have you seen him sinceT"
 On cross-examination. the witness said he thought pr, Jones was now in Syracuse.
 pr. Leo schmock, the house surgeon of Flushing Hospital. told of numer- ous wounds found on Annis's body. Annis, he said, died from shock and hemorrhage brought on by some of the wounds described.
 pr. Joseph Bloodgood of F1ushine, testified that he attended Annis at the hospital.
 Annis died from shock and hemor- rhage. pr. Bloodgood said. one bull let made six wounds. the witness said.
 Cross-examined. pr. B.oodgood said Annis was in the hospital about twsn- ty minutes before he wac etherized-
 Did you see Annls die?"
 ''I did not
 Mr. Mcintyre asked that in view Of the fact that witness did not see Annis in death. the testimony be stricken out. Justice Crane reserved decision.
 pr. Walter Frey of Long Island City. the coroner.s physician. described the autopsy. He discovered twenty ex- ternal wounds, and then in detail de- scribed what he had done in tracing the course of the bullets.
 pr. Frey was given scorching cross s and then the prosecutor called Mrs. William p. Annis to the stand. She said:
 Mrs. Anh1sf Testfaes.
 T am the wife of William E. Annis My name is Ellen Annis was pres ent at his death. pr. schmock was there"
 Did you see your husband die?'
 Yes"
 That is all" said the District At torney
 Mir. Mcintyre said that "he District should exhaust the witness upon all her knowledge of the case. Justice Crane said it was not neces- sAary at this time.
 Then I have no questions" said MT. 
 Justice Crane drew from Mrs. Annls that her husband died about o'clock on Aug. 15. Mrs Annis then left the stand.
 Charles A. Birehheld. a member of the Bayside Yacht Club. testified that At the club on the afternooa of Aug IS, he saw two men and a waiter talk Ing. One of the men was the defend ant Thornton J. Hains who when the witness came up engaged him in com about real estate. While they were talking. Thornton Hains's came up and called the de- fendant aside. The witness said he