Evening star., 1908-12-22
Repeats Conversation With
IT, Hains After Tragedy.
POINT AGAINST PRISONER
Game to Protect Brother; Would
Have Shot Whoever Interfered."
MRS. HAMS NOT TO BE CALLED
Downs Tells of Taking Weapons
From the Brothers-Saw No
Gun Pointed at Mrs. Annis.

FLUSHING. N Y. December %
when you know all the facts you will
think differently. I came down to pro-
tect my brother and would have shot
anybody who interfered.''
John c. Stephens, Bayside Yacht Club
member. swore today. in the trial of
Thornton J. Hams, that this settlement
came from the defendants lips Immediate
ly after the shooting of William E. An
mis- by Capt. Peter c. Hams, jr.
Efforts to shake the testimony of Ste
phens, who further declared that Thorn
ton Hams swung his revolver around and
threatened death to any one on the float
that sought to interfere, were not success
full.
Under cross-examination. Stephens said
that, while he had watched the defendant
and his brother during and subsequent to
the shooting, he did not see Thornton
Hams place his revolver at the back of
Mrs. Annis.
Counsel for the state declared again to-
day that further reports that Mrs. Claudia
Hams was now In a Brooklyn boarding
house and would be called as witness
are without foundation. Special Prose
cutOr White said that Mrs. Hams Is not
within the Jurisdiction of this court and
was not wanted as a witness.
O0WnS Is E1rSt Witness.
Morrill, L. Downs of Flushing. a Bay
side Yacht Club member, was the first
witness today. He was on the clubhouse
piazza when the shooting took place. I'M
mediately after the shooting he went to
the float
Downs testified:
1.-The defendant had a revolver in his
hand, and it was cooked. Capt Hams
stepped forward. and put my hands on
his shoulder. The defendant said: No.
said to the defendant: Who are your He
said, I am Capt. Hams, son of Gen. Hams
of the regular army
"Then the real Capt. Hains broke in
and said: I am Capt. Hams. and he is
my brother then said that this was
allow strangers to be armed. The de-
fendant asked his brother if he should
give the pistol up
Downs said that Thornton Hams then
broke his revolver and handed him the
weapon, after which the defendant took
off his holster and belt, which he wore
around his waist, anu turned that over
On cross examination Downs made 1t
clear that the defendant had first said
that he was Capt. Hams, and that en-
Capt. Hams broke in with the remark
that he was Capt. Hains. and handed
the witness his card.
The witness said he did not hear
Capt. Hams say:
':Annis betrayed my wife and took her
to New York" Nor did he hear Thorn
ton Hams say: What could l do? He
Is my brother"
Stephens on Stand.
Downs was excused and Stephens. who
lives in Flushing, and is Bayside Yacht
Club member. an eyewitness of the
shooting. was called to testify.
He was seated in his boat when the
shooting commenced. He described the
shooting, saying there was one shot. an
interval of eight or ten seconds, then sew
eral more shots.
Stephens said Annis rose at the first
shot. and after the other shots fell into
the water. Harway sat in the bow OF
Annis' boat.
Stephens said that on landing on the
float he saw a man, whom he pointed
out as Thornton Hams. swinging a pis-
tol and saying: '@The first man to move
is dead man," or words to that effect.
The witness said that later, when the
defendant handed over his revolver, Capt.
ness. There will be no more shooting
Stephens gave the defense a damaging
blow in his testimony concerning the
conversation on the float with the de-
fendant.
II said to the defendant that did not
sympathize with him, and he replied: III
you had a brother you would have pro-
tected him. l replied that if I had a
brother like that l would lock him up
and, any way. in my country they Settle
things like this with their fists.
The defendant said. I guess you don't
come from this country. My brother Is
an army officer and in the army we settle
things this way
Il answered: Whatever country you
come from you should not have shot him
down like a dog The defendant said
When you know all you will think differ
emily. I was prepared to protect my
brother and I was prepared to shoe,
any one who interfered.'
did you see Thornton Hams put his
gun on the back of any female on the
foat?"
mo-