Daily Kennebec journal., 1908-12-18

name is Ellen AnnlS. L Was present DIT
his death. DR. Schmock was there
did you see your husband die??"
Yes"
THAT is ALL said the district attor-
ney.
Mr. Mcintyre said that tile district
attorney should exhaust the witness
upon all her knowledge of the case.
Justice Crane said it was not necessary
at this time.
Then l have no questions" said Mr..
Mcintyre. Justice Crane drew from
Mrs. Annis that her husband died about
o'clock on Aug. Is. Mrs. Annis then
Withdl eW from the stand.
Martin Sliura, a cab driver who drove
the Hains brothers from the station to
the Yacht Club on Aug. IS, was the
next witness. He testified that he saw
the two men after the train drew out.
They got into the wagon and he drove
to the Yacht Club.
Were there any other conveyances
on the road to the Yacht Club" Yes.
stage driven by a man named Gus"
do you know any passengers in the
STAGE" Yes"
Justice Crane said he would permit
the testimony if the district attorney
would identify the two men in the car
riage.
Il should like to withdraw the wit
ness until 1 can put another Witness to
make identification" sad the district
attorney.
Then I insist that Skura Re placed
n a separate room with a court Off
1rIi1a witness pN9niin-
ed said Mr.. Mcintyre. Il SO direct
said Justice Crane, who also said that
the testimony of Skura should be
stricken from the record.
Charles A. Birchtield, a member Of
the Bayside Yacht Club, was called.
IIe said he went to the club on the af-
ternoon of Aug. Is and changed his
clothes. II came down stairs and saw
two mon and a waiter talking"
"i.n you know the defendant, Thorn
ton j. Hams ?" The witness pointed at
Hams sitting between his brother ard
one of counsel Mr.. Birchfield de-
scrbed the room in which he saw the
defendant, another man and the waiter
"The waiter motioned to me and the
defendant with the other man caint
over and asked me if | knew Jepson, a
real estate man. / did not know Jep-
son and he asked about a realty COM
pany. l told him of some property that
had been offered me although 1 had
not seen it. l told him Mr.. Storm knew
it and l would introduce him. Just then
the other man came up and called the
defendant aside They said something
and then went out
Mr.. Birchheld said he next saw the
defendant and the other man walking
down the dock. He went down to the
dock and talked with the defendant,
who asked about Annis boat. Witness
said he pointed out Annis' boat coming
down the bay. 1t had No. on the sail
Mr Birchfeld described the shoot
ing, after which he said: THE de-
fendant pointed his gun at me and
said: Stand back, he knows what he
is doing / moved a little forward and
the defendant said: Don't interfere
You will get the same thing" The
witness said he heard three distinct
and separate shots and several Others
that came together.
"The firing ceased after the gun was
pointed at me-" said Mr.. Birchfield
Mr.. Birchfcld said that Mrs. Annis
came down the runway screaming
cat the bottom of the runway, the de-
fendant said something to Mrs. Annis
and pointed his revolver at her. She
turned and ran back up the runway
still crying out
Birchfield said that he saw John Ton.
ming, the boatman, run up and seizt
| Capt Hains by the arm. Witncs:
| thought it was just after the shooting
| The defendant rushed over to Ton
ming. / don't know what was said ol
done but I saw Tonning release the
captain. They pulled Annis out of the
way and I went to call physician
| Did Anns speak when his boa
reached the float " Yes. he spoke tt
me-" said Birchfield. He said: Hello
Bert Did you see what did to Joc?'
With the ending of Mr.. Birchfield's
| Continued on Page Twelve.)