Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-16
Witness Andrews Describes
Killing at Bayside Club.
PROSECUTION STATES CASE
Promises to Prove That Hams
Brother Hunted Down Victim.
JUROR JARDIN's FATHER DEAD
Decides That He Will Not Attend
Funeral, and Trial Is Not
to halt.

FLUSHING. n. Y, December 1s-
Thornton J. Hams calmly watched in
court today the construction of the states
case to prove the charge that he was a
principal with his brother, Capt. Peter c.
Annis at the Bayside Yacht Club last
| summer.
The jury box was flied last night Adj
journment was taken until today.
The direct testimony of the states wit
nesses is expected TO take only a little
time. Cross-examnation will likely oc-
cupy three or four days
AS had been outlined. Hams counsel
will endeavor to show that the defend
ants drawing of his revolver was an act
Of defense and not OF offense.
The central figure in today's case was
the appearance Of the states chief wit
ness, Mrs. William Z. Annis, who saw her
story on the witness stand is likely TO be
the strongest card In the states case.
Thornton Hams Confident.
Thornton Hams has no seeming appre
hension as to the outcome OF the trial.
He said this morning he has no doubt
that the jury would acquit him, and de-
would not only free him. but would open
| the doors for his brothers release
Gen. Peter c. Hams sat with the de-
fendant during the trial. Frequently dur
ing the case father and son conferred on
some point in the evidence.
Justice Crane has made 1t clear TO coun
sci that the taking Of testimony must
move with the same expedition as the ex-
animation Of talesmen. The jury will not
be locked up during the trial, or at least
until ALL the eytdnnca haa haen al,oYniffnH
Reports that the prosecution has tam
pered with one Of the witnesses for the
defense have met with prompt denial by
the states attorneys.
Counsel for Hams said today that it
might be necessary to discharge the au-
tomato revolver with blank cartridges
in the courtroom to demonstrate by the
rapidity with which the shots are fired
the eyewitnesses to prevent Capt. Hams
from firing more than one shot.
The witnesses allege that had not Thorn
ton Hams interfered they probably would
have saved .Annis life. Counsel states
that the automatic revolver fires six
| shots In less than two seconds.
Justice Crane, when court opened, ex-
Guided all witnesses to the tragedy from
the courtroom. On motion Of District
Attorney Darrfn, Justice Crane said he
would not permit Mrs. Hams, mother of
the defendants, to SIT beside her son dur
Ing the trouble
The order does not exclude Mrs. Hams
from the courtroom. Mrs. Hams was not
in court when the order was given.
Justice Crane then ordered the state
to open its case.
Prosecution States It's Case.
Special Prosecutor White outlined the
case OF the state and stated what evidence
would be submitted to prove the indict-
ment against Thornton Hams.
He declared that seven months before
the murder the publisher Of the maya
zine Recreation had received letters from
Thornton j. Hams expressing deep-seat
magazine and toward Annis. who was in
charge of it's advertising department.
Mr. White said also Hams again wrote
the publisher of Recreation. two months
before the murder, expressing animus
against Annis.
After describing the location of the
Bayside Yacht Club, recounting the prep
arations OF Annis for an afternoon 9
pleasure on the water. Mr.. White detailed
the arrival Of Thornton J. Hams and his
brother at the Bayside railroad station.
He said that Thornton engaged a hack
man to drive his brother and himself
to the Bayside Yacht Club.
The two passengers held a conversation
which was inaudible to the hackman be-
fore entering the hack. On the way to
the yacht club landing the carriage
passed a stage, but Thornton directed the
hickman to drop back behind 1t again.
Thornton then said to Capt Hams:
We've got him now
He told the hackman to keep about 100
feet behind the stage.
Throughout Mr.. Whites story of the
tragedy put Thornton Hams in the posi-
ton of aiding his brother in the search
for Annis and protecting Capt. Hams
while he shot his enemy, afterward ex-
pressing approval Of the act and avow-
ing his part In It,
During the recital of the states case
Hams called frequent attention of counsel
to statements of the prosecutor and
made numerous notes on a pad OF paper
that lay on the table before him. Mr..
Mcintyre, his counsel. made several OBJ
jections to comments made by Mr.. White
in his address upon the evidence that
would be adduced.
Mr. Whites opening took nearly an
hour Justice Crane denied motion OF
counsel for defense that the second and
third sections OF the indictments be set
aside.
First Witness Called.
George Y. Skinner. engineer Of Flush
ing, was called as the first witness. He
identified plan and survey he had made
Of the scene Of the shooting. 1t was Of
fered in evidence.
In cross-examination Mr.. Mcintyre de-
veloped that the witness did not know
the clubhouse from the time of the shoot
ing to the time when the survey was
made. Justice Crane said he would re-
quire the prosecution to know what
changes were made in the interim be-
tween August Is and the time Of the sur
vey.
Another plan OF the clubhouse surround
ings, enlarged from the first survey, was
offered In evidence Skinner was excused.
Justice Crane said he would determine
later whether the plans were admissible
as evidence.
Several witnesses were examined as to
changes in the clubhouse surroundings.
Edwin H. Andrews, a broker and MEM
Der Of the Bayside Yacht Club, testified
to the shooting of Annls.
His attention had been attraced by
commotion on the float. He jumped on
1t as Capt. Hams began shooting. The
defendant pointed a pistol at him and
ordered him back.
Annis' boat was in front OF the dock at
the time. Capt. Hams was on the float
and in a crouching position near the edge
of the float.
The recitation Of the witness was halted
by Justice Crane until the exact position
of the float, with regard to compass d.
rection. could be located.
co;A hot Of ha Shn