The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-16
Judge Notifies Lawyers Trial
Must Proceed Quickly.
STATES CASE BEGUN.
Try to Prove Thornton Was In
stigatOr of Crime.
Defense Plans Demonstration in
COurt-T0 Fire Pistol.

| theory of the states case outlined to-
day to the jury in the trial of Thorn
ton J. Hams, charged with being a
/ principal with his brother, Captain
Hams, in the killing of William E.
| Annis, is that the defendant was the
master mind and leader OF an expedi-
ton to the Bayside Yacht club to en-
compass the death of Annis. AL
through the presentation of the states
case Special Prosecutor White de-
! clared he would show that Thornton
had led the way and had full know
/ ledge of the plans to kill Annis.
| An important witness, Edwin
Andrews, a member of the Bayside
! Yacht club, testified that he saw Cap
tain Hains shoot Annis several times
! and that Thornton drove him off with
a revolver as he sought to stop the
shooting.
! The police state that John Tonning,
pistol from Captain Hams hands, and
is wanted as a witness by the prosecu-
ton, can not be found.
The direct testimony of the states
witnesses is expected to take only
little time, but the cross-examination
will very likely occupy three or four
days. AS has been outlined, Hams
counsel will endeavor to show that the
defendants drawing of his revolver
was an act of defense and not of Of
fense. The central figure in today's
case was the appearance of the states
chief witness, Mrs. William E. Annfs,
who saw her husbands life taken The
recital of her story on the witness
stand, is likely to be the strongest card
in the states case.
Thornton Hains has seemingly no ap-
prehensions of the outcome of the trial.
He said this morning that he had no
doubt that the jury would acquit him,
and declared that his story on the wit
ness stand would not only free him,
but would open the doors for his broth
er's release. General Peter G. Hains
sat with the defendant during the trial
and frequently during the case father
and son conferred on some point in evi-
dence.
Justice Crane has made it clear to-
counsel that the taking of testimony
must move with the same expedition as
the examination of talesmen. The jury
will not be locked up during the trial.
or at least until all the evidence has
been submitted.
Reports that the prosecution has tam
pered with one of the witnesses for the
defense have met with prompt denial
by the states attorney.
Counsel for Hams said today that 1t
might be necessary to discharge the
automatic revolver with blank cart
strate by the rapidity with which the
shots are fired that it would have been
impossible for the eyewitnesses to
prevent Captain Hams from hrlng |
The witnesses allege that had not |
Thornton Hams interfered they would
probably have saved Annis' life. Coun- |
sci said that the automatic revolver /
fires six shots in less than two seconds.
Justice Crane, when court opened,
excluded all the witnesses OF the
tragedy from the court room ON |
motion of District Attorney Darrln,
Justice Crane said he would not permit |
Mrs Hams, mother of the defendant,
20 sit beside her son during the trial
The order does not exclude MIS- Hams
from the court room.
Special Prosecutor White outlined
the case for the state and stated what
evidence would be submitted He de-
clared that seven months pe1ore tne
murder the publisher of the magazine,
Recreation, had received letters from
Thornton Hams expressing deep seat
ed animosity toward employees or the
magazine and toward Annis, who was |
in charge of the advertising depart |
ment.
again wrote to the publisher of Re
creation two months before the muir
der expressing animuS against Annls. |
After describing the location of the |
Bayside Yacht club and recounting the
preparations of Annis for an after
noon's pleasure on the water, Mr.. |
White detailed the arrival or Thornton
7 Hams and his brother and himself
to the Bayside Yacht club,
On the way to the yacht club land
ing the carriage passed stage, but
Thornton directed the hackman to
drop back behind it again. Thornton
then said to Captain Hams: We've
got him now
Throughout Mr.. Whites story of the
tragedy he put Thornton Hams in the
position of aiding his brother In the
search for Annis and protecting Cap
tain Hams while he shot his enemy,
afterward expressing approval or the
act and avowing his part in it.
Justice Crane has been noted that
Juror Hardia's father died today. The
Juror has not been informed. Justice
Crane will make the announcement or
what will be done in the matter at the
end of the morning session
Edwin H Andrews, a broker and
member of the Bayside Yacht club,
testified to the shooting of Annis. His
attention had been attracted by
commotion on the float and he jumped
The defendant pointed a pistol at him
and ordered him back. Annis' boat
was in front of the dock at the time
and. Captain Hams was on the float
and in a croucFtng position near the
edge of the float. Andrews said that |
after the shooting Thornton Hams sat
on the north end of the float and Cap
tain Hains was walking up and down
near his brother.
Andrews said: Thornton Hams sat
on an upturned boat and he was in
with some one. Thornton
was smoking pipe. This was 10 or
Is minutes after the shooting.
MIR. Stephens, a club member,
standing near the runway, was hav-
ing an argument with Thornton Hams.
L heard the defendant say, You are
evidently not an American
''Mr. Stephens said: We don't do
those things in our country. We wipe
1