Evening journal., 1908-12-16
HAMS ON TRIAL
FOR his LIFE
contI.,r.d From Tlrst Page.

conversations in the club house IN ic-
gard to real estate the two brothers turn
ed abruptly and strolod OF down the
dock. Annis was pointed out 10 the
IIainses. While the conversation was in
progress, Annis' boat was making way
on across the face Of tho dock. Annis
waved to Mrs. Annis and she and her
friends waved aud checrcd his Victory in
the race
When White declared that after Thorn
ton Hams and his brother in q hack,
passed the stage containing Mrs. Annls
on the Baysidc road, prior to the tragedy,
he ordered the driver to drop back Hams
saving 10 the Captaln. "Wo've got him
now" Thornton IIains smiled broadly
and leaning across toward his aged father
murmurcd:
That's certainly news"
When Annis' boat had reached the float
the brother beckoned to the captain. and
they hurried down the bridge ana across
the hoat the captain taking up his posi-
ton facing Annis.
The defendant stood close to Captain
Hams, also facing the fioat
The prosecutor then described the loca-
ton OF the witnesses TO the tragedy
- IN n lOiA NIO lNisiaE BAIk.
Mrs Anns. said prosecutor White. was
sun az the edge OF the dock and watch
ing CAPTAIN Hams and the defendant. As
Annis boat reached the noat Captain
hains drew from the holster concealed N
MS lett breast an automatic pistol of A.
calibre' knelt down facing Annis. thrust
tho pistol IN tho face Of Mr.. Hnrwav ,yi.o
had sailed with Anins. then. turning the
pistol toward Annis who was standing in
The stern, cried. "Annis." and then fired
At this instant the defendant draw a
revolver from q concealed holster and stul
racing the people on the r1at oxtondod
tlt revolver toward them. As fhe mes
scrgers Of death rang out of Cartair.
ga ns' gun the horror stricN., bvstnrd.
efs came running forward In st7p the
N'"oiy work and were mcnaacd bv Thorn-
Tor liains' revolver. While Captain rlg!rs
'inl ued the contents OF bis gnn mtn 80
nus the defendant cried keep hack. Keep
n0ok' he knows what he Is doing.r
Jurors Father Dead.
FLUSHING. Dec. f6-Tusticc Crane
was notified of the death of Juror
Jardine's father at Port jefferson and
will decide at noon whether the rIains'
trial shall be intcrrupted pondinp tho
funeral.
Defence Continues Objections. ...
White concluded his summary OF the
peoples case at 1880
Mcintyre was at once on his fcct. I'm
the light OF the opening Of the case"
he began. "we move that the. first and
second counts ln the Indictment. charg-
Ing Thornton J. Hains with partici-
patton in the actual killing be stricken
out"
mot at this time" ruled Justice
Crane. Il will rule against YOU tenn
porarily and you may take an cxcep-
ton"
similar ruling was made ON mo-
ton TO dismiss the entire Indictment.
and G. q. skinner was called as the
trst witness. He is a surveyor and
Identified the plans Of the Bayside
Club.
Witness made his plan and survey
IN October and said he had been at the
Bayslde Club House "within MONTH
OF August 10 but could not fix the
exact date. He would not swear 70
the precise conditions on August Is.
and the defense objected to the intro
duction of his plans. This was over
ruled and ancXception noted, after
which tho plans were admitted.
Tells of the Shooting.
Edward Andrews. Jr OF Flushing. an
eye witness OF the shooting. was called.
He has been member OF the Baysidc
club since its organization and he
Identified the plans drawn by the pre-
ccding witness
Mcintyre demanded IL It was not a
fact that a fence at the club had not
been changed since tho killed The wit
ness said that he did not know Fifteen
minutes were devoted in cndeavorlng
70 show how much the clubs floats
/ rises and falls with the tide. Mcintyre
insisting this would be most material,
but the witness could not state dcfl-
nitely
The question in dozen different
guises was repeated bringing out the
same answer
Witness was then excused TO be re-
called later and Herbert Funke. also a
club member was called. lie had been
a member OF the Bayside Club for sew.
oral years and was questioned about the
alleged changes in the club house float
and surroundings since August IS. lie
did not know Of any changes Ito the
best of his knowledge"
Are you prepared to swear to thls?'
demanded Mcintyre.
mo. sir"
Mcintyre dropped into his scat and
Justice Crane leaning over his desk
asked;
what changes do you refer 10. Mr.
Mcntyre7"
Il would prefer not to say at this
time, your honor" was the mysterious
reply. and Funke was excused.
Fred c. Lesvitt. chairman OF the
House committee Of the Bayside Clut
was called. lie also said that he did
not know of any changes but could not
positively swear to this.
Mcintyre, continuing demanded:
You had a fence built at the club
house after the shooting did you not %
NO sir. It was put there befor,
August TO-"
You swear TO this?"
Il do"
when was the tool house taken OF
the house float?"
IT was never taken or"
You are sure OF thisgr
$50 far as ! know il is stiH there.
The diagram and drawings submitte,
by the surveyor were all identined b,
the witness and admitted as com.
petent evidence over teh protest OF IN,
defense
Witness Andrews was then recalled
and said he was about the club hous,
all day on August I5