The Montgomery advertiser., 1908-12-18


 her." said the witness. He said he had no ili-feeiing against the de- fendant.
 Have not your fseiings changed since you learned what the deceased did to the wife of the brother of this q object" cried District Attorney Darrin.
 sustained" ruled Justice Crane.
 Blrchfeld said that after Annis's boat landed. he did not notice where Captain Hains was and not until he heard the pistol did he turn around. When I heard the shot I turned around and saw a man crouching down behind the defendant and firing. Did 1t strike you that this defend ant was rushing to his brother to stop him?''
 No Threatening Attitude.
 An objection to the. question was sustained. Mir. Birchneld said he saw John Tonning going toward Captain Hains after the shooting; his attitude was not threatening. Touning took hold of Captain Hains's wrist
 The witness said he did not see Mr. Roberts pick the revolver up from the float and point It at Thornton Hains. He did. however. see revolver in Roberts hand after the great excite ment died down. "Did you see the captains faeeY Didn't you hear the defendant say. he's crazy; don't interfere with him. he may jo the same thing to your"
 'If he did l did not hear him.
 T understood him to say Keep back: keep back; he knows what he's doing" :" Now. you have testified that when the shooting took place you exclaim- ed, Is he crazy Why did you say that?"
 Because of the unusual affair." the shooting and the screams"
 Well. did you hear the words For Gods sake, he Is crazy; keep back, he does not know what he's doing?"
 Did you hear the defendant say. get police officer, I'll hold him untii he comesTr
 q heard. the defendant say, uet a police officer but not the last part. Did you hear Thornton Hains say I regret this as much as any one. have been trying to stop him for some timer"
 q did not hear him say that"
 Birchfield said that Thornton Hains did not discharge his revolver.
 The witness had heard Thornton Hains say to his bro1ler before Annis' boat came up to the float, in effect that as Mr. Jefferson. a real estate operator. was not there. they would go. Birchfield learned of Tonning's disap- pearance only when he read of It in this mornings newspaper. This clos ed the cross examination and after a brief redirect examination MT. Birch field was allowed to leave the stand.
 Negro On stand.
 Frank Ellerson, q negro of Bayside. took the stand. He was a waiter at the yacht club at the time of the shoot ing. He said that two men came to the club on the afternoon of August 15.. and he had a short conversation with them about real estate. It was shown through Mir. Birchfield. who was recalled, that these two men were the defendant and his brother. Captain Hains.
 "One of the men asked me- said Ellerson, If knew Mir. Annis and where he could De found"
 Ellerson on cross examination said he was not certain that the persons who called at the club house were the per sons who were pointed out on the dock after the shooting.
 Frederick A. storm, a real estate deal CE anu IllclnUEE oA kHS S1dySlQS 44GAb Club took the stand.
 storm said he went to the yacht club on the afternoon of August Is,
 Mir. Birchfield came to me at the club and I went down to the dock and saw Mrs. Annis, two other women and man whom have since learned was T. c. Hains. A real estate converse. tien was brought up and I told him that I was willing to give up the race to earn a commission. He said he would do business with Jesperson, of whom I never heard. because he could get a better commission.
 Nothing more was said about real estate and Thornton Hains asked Where is Annis' and pointed out An nis' boat"
 Mr. Storm said that he was rowed out to the boat which he was to sail in the race. The witness said he heard the shooting from his boat.
 The direct examination of Mir. Storm was finished and the court adjourned until tomorrow.