Daily Kennebec journal., 1908-12-17

Thornton Hains is charged with pre-
meditation and intent to kill.
! During the recital of the states casS
Hams called frequent attention of coun
sci to statements of the prosecutor AM
made numerous notes on a pad OF paper
Lawyer Mcintyre made several objection
to comments made by Mr. White in hi
address upon the evidence that would b.
adduced. Mr.. Whites opening took near
Iy an hour.
| The taking of testimony was then be
gun and George y Skinner an engineer
of Flushing, was called as the first Wit
ness He identified a plan and survey o
| the scene OF the shooting, he had made
The survey of the Bayside Yacht Clui
| house and its surrounding was offered il
| evidence and Mr.. Mcintyre undertook tn.
| cross-examjnatiOa and developed from th'
witness that he did not know whether my
| changes hal been made at the Dlbhous
from the time OF the shooting to the :imt
| when the survey was made. Justice
| Crane said he would require the prosecu.
tion to know what changes were made
| in the interim between Aug. Is and the
time of the survey.
| Edwin Andrews Jr., Of Flushing, the
second witness. said he was a broker and
| q member of the Bay side Yacht Club. He
knew of no changes iE location or dirnen-
sions of the clubhouse property. Don't
| you know that fence was changed after
| Aug. 1872" asked Mr.. Mcintyre in cross
| examination. II could not say. There
was fence built, think, last summer"
| Herbert #. l.. Funke of Flushing was
| the next witness. Mr. Funke said he
was a member Of the Bayside Yacht Club
He knew of no recent changes in the
clubhouse property.
Mr.. Funke was followed by Frederick
G. Leavitt of Flushing, a secretary Of the
house committee of the club. While Mr..
Leavitt was being examined on changes
made at the club n report became cur
rent in the trial room that the father of
Alexander Jaldin. the seventh juror, had
died today at his home in Port Jorvis,
N. Y.
Leavitt was excused and the plans of
the clubhouse surroundings We're admit
ted in evidence. Mr.. Andrews was then
recalled. The witness said he was at the
club on the afternoon of Aug. IS. An
drews said:
Il saw Thurston Hams that afternoon
at the clubhouse. My attention was at
tracted to the defendant when 1 jumped
on the float. He pointed a pistol at me
and told me to stand back. ! jumped on
the float because Capt. Hams was shoot
ing"
The charts of the scene of the tragedy
were then shown to the jury. The wit
ness resumed his testimony. During the
shooting witness said, Thornton Hains
pointed his pistol at him and said I'm
running this affair"
Andrews in recounting events after
the shooting said:
Mr. Stephens, a club member,
standing near the runway was hav-
ing an argument with Thornton Hams.
heard the defendant say You are
evidently not an American"
Mr. stephens said that We don't
do those things in our country. We
wipe them out with our fists 1t was
then that Hams said You are evident
ly not an American
A consultation and court followed |
After a conference with Justice Crane
it was announced that Juror Jardln's
father, Christopher Jardin had died in |
Port Jarvis, N Y. the night before
last Juror Jardin was given perr:is-
sion to confer during recess about the
matter and Jardin decided that il
would not be necessary for him to at
tend the funeral of his father tomor-
row. The trial will now proceed with
out adjournment
Under cross-eNamination by Mr.. Nc |
Ir1yrc Mr. Andrews said at the time
Of the shooting he engendered deep
feeling against the defendant and had
compared notes with other members
about what took place at the shoot
ing.
Mr. Andrews said that sometime af-
ter the shooting several club members
suggested that John a. Dayton. a fol
low club member. be employed as a
counsel to aid the states attorney.
Did you see Thornton Hains fire q
shot that day."
mo sir The only shots We're fired
by Captain Hams"
Mr.. Andrews was questioned as to
the position of his sons boat which
was tied up at the club house float. He
said his sons boat was about six or
eight feet from Annis' boat. Mr.. Nc
Tntyrc pressed the witness closely on
the exact position of the boom In An
mis- boat when the shooting took
place Witness said he did not know
whether John Tonning was on the float
when the shooting took place or not
Mr.. Andrews said he was not certain
whether Charles Brchfield was on the
float or not when the shot was fired
There was an interval between the
shots he said. Mr.. Andrews said he
jumped from the boat to the float and
took about two steps toward Capt
Hains.
Did you have your hands lifted up
in threatening attitude:"
II did not though / can't say in what
position my hands were placed
Mr.. Andrews said three shots We're
fired Iefore he left his boat. He said
lie did not see Thornton lIains at that
time. Witness said he saw Charles
Robertson on the float shortly before
the shooting and talked with him but
did not know where Robertson was
when he heard the shots fired. Mr.. An
drews said he saw Mr.. Birchfield, Mr.
Storm and Thornton Hains on the
dock at the head of the runway before
the shooting.