Daily Kennebec journal., 1908-12-22
DRAMATIC STORY TOLD
BY MRS. VIM. f. ANN|S|
Ut the Cold -b|ooded Murder Of Husband
By Peter Hains- His Brother, on
Trial, Listens UnConCerned|y.

"Mr. Downs said to the defendant,
we can't ALLOW Il stranger here with d
loaded revolver Capt. Hams broke in
and said. Give it up and the defen-
dant broke his revolver. rcmarking,
You see none of the cartridges We're
exploded.
| The Hams brothers then moved over
To the other side of the float, said Rob-
ertS, ana the defendant lit Il cigarette
ami the captain lighted a pipe Captain
Hains opened card case ANA handed
out 4 card. Roberts said:
II said to Captain Hains, "fhe army
must Be- prond OF officers like you The
defendant said he wanted to explain
and l told him | did not want any eX-
plantations l told Thornton Hams,
You are as guilty as your brother You
prevented us from stopping the shoot
irg. and the defendant replied: What
could do. He is my brother
Il asked the Hams brothers if they
wanted to commit such crimes why
| they did lot select some place where
| women and children would not see it,
and the defendant replied 7 am sorry
IS yott are | have been trying to
, keep him from doing it for Il long
| time
''rhornton Hams said to me that he
| mad saved my life; that if | had gone
near his brother, | would have been
killed. | said. That's q nice way to
save q mans life, to point a gun in his
| face and prevent him from saving a
| mans life
District Attorney Darrin drew from
! a satchel a steel blue revolver, which
Mr.. Roberts identified as the weapon
which he picked up on the float after
the shooting Mr.. Roberts Identified
the revolver which Thornton Hains
surrendered after the shooting. 1t was
initiated II. j. H." and was of the
usual magazine design of weapon. 1t
was of large size.
Mr. Roberts direct examination was
, closed and Mr. Mcintyre began the
| cross-examination The witness said
he knew Annis and his wife very well.
Aside from club matters Roberts said
he did not associate with Anns Mr..
Roberts said he had read over the tes-
timony he had given before Magistrate
| Gilroy to refresh his recollection on one
| point. He wanted to know whether he
said You are as guilty as your broth
man" Roberts said he noticed that
John Tonnng was about two feet away
| from Capt. Hams. Witness said that
both the defendant and Capt. Hains
looked cool.
Did you make any statement about
the case to Mr.. Tisne of The Associated
Press Yes. I gave him an account
OF the affair."
did you tell him that you stood %
feet away while Mr.. Brchfield Tended
off Annis' boat" Il may have, though
don't recall it,
do you recall saying to Mr.. Tisne
that defendant said: Keep off or | will
blow your head OFF, II DON'T
do you recall saying to Mr.. Tisne
that John Tonning knocked the revol-
yer out of Captain Hams hands?"
Yes. but I was telling him story
that was told me-"
WHO told you that Tonning picked
up the revolver" John Tonning did"
| do you recall that you told Tisne
that you pulled Annis out of the water
and was assisted by Edwin Andrews"
"Ycs. that is So"
| Mr. Roberts said it was 90 minutes
after the shooting when Thornton
Hains said that Nobody could be any
more sorry than I am. I have been
trying to keep him from doing it for
sometime
us it not fact that Thornton
Hains said to you: Il saved your life.
This is what / get for it. This is the
Kind of gratitude. Had you touched
Eim Uhe captain). he would have shot
you to DEATH" "He did not"
Roberts said he did not count the
shots The shooting was in progress
while he was crossing the float. Mr..
Mcintyre was frequently aided in his
cross-examination by Thornton Hains.
who prepared written questions and
handed them to his counsel.
Roberts said that he had testified in
the corcner's court that when he saw
Thornton Hams point the revolver at
him That was part of the final pro-
ceilings in the shooting Witness saw
no revolver pointed at Birchfield, Mr..
Andrews or Mrs. Annis. On redirect
examination Mr.. Roberts said that
when Thornton Hams said ''keep back.
keep pack or I will kill vnu,' he did
not hear anything else On re-cross-ex-
animation. Mr. Roberts said the shots
sounded like a bunch of exploding fire
crackers.
Frederick Leavtt, secretary of the
Yacht Club, was then recalled to the
stand He said he was on the iloat
when he heard the shots fired. Birch
field was in front of him. Leavltt said.
and John Tonning stood back of him.
When Won heard the first shot what
did you do?'
II started toward Capt. Hains. | saw
(Continued on Page Twelve)