The Montgomery advertiser., 1908-12-17

ther, and the trial VIII proceed. Re e. cess was ordered. Under cross examination by Mr. Mo- 1ntyre. Mir. Andrews said at the time ot the shooting he engendereJ q deep feeIfnE against the defendant and has compared notes with other members about what took place at the shoot ing Mir. Andrews denied that there nad been In his presence rehearsal on the club house float with club members taking the parts of the principals Of the tragedy. The only shots fIred. the witness said were bx Captain Hains They were not in rapid succession. Mr. Andrews said three shots were fired before be left his boat. He said ho dh not see Thornton Hains at that time.
 T saw the captain step back iron, said Mir. Andrews He had a weap. m in his hand"
 After the shooting the witness saw Captain Hains's revolver in Mir Rob. ert's hand but did not see him point It at ths captain. 'Mr. Andrews, dfd Thornton Mains, shout at the top Of his voice Get an officer, l will hold him" T did not hear him.' HD1d you notice when, Thornton aains sat on the upturned boat that ne had his hands on the captains wrists .' "only mementariIy. He was feeling the captains pulse "Didn't you hear the defendant say w hnn he sat there that lie had srsaa to dissuade the captain from his -..:~"
 "I did not"
 Don't you recafl that fi1e captain said at that time that .Annis stosa my wife while I was in the Philip pinesr"
 NO; did not.'' "Did you ever tell aar. White that Thornton Hains said that ne was managing the affair?" Justice Crane sharply asked counsel for the state: Whats the naeterY Are you not going to enter an cb1ec- ton? don't want any objectiona ble matter in this record"
 The States prosecutors all arose and objected and Mir. Mcintyre .aaId ns would change the question. - Did Mir. White ever tell you to say that Thornton 'Hains said he was managing the affairr"
 NO; he did not"
 Mir. Andrews said that he heard Thornton Hains talking to Mr. Birch- aeld before the shooting about some real eState and where he could nnd a man named Iesperson.
 When this point In the examination was reached counsel suspended the, questioning for a moment while they joined together a miniature model of the dock, runway, float. etc, with small iron figures to represent the principles In the tragedy.
 Your boat is larger than the doclx- Mr. Andrews said, while the testi- nony shows the boat was twenty feet long and the dock was forty feet. | aont want any disproportion of the
 Mir, Mcintyre said there was no inten. ton to mislead by the models.
 District Attorney Darrin arose and said:
 'T submit that there is nothing here to show that this model is in pfopor- tion, which 1t is not. and that no ques- tion should be permitted based on the assumption that 1t is in proportion."
 Justice Crane said that he would only permit the use of the model for ground purposes.
 What position was Captain Haina in at theI time of the shootiuKT'
 He was standing at tha, edge of the float with his left hand on khe boom of Annfs sail and Airing under the sail"
 The cross examination of Andrews elosed. the District Attorney took up the rebuttal.
 What happened after the last sh6tY"
 "Annis came from around the nast and stepped to the float, from which he fell into the water"
 Counsel for the defense interruptsd and protested that if 1t was the theory of the state that the brothepa had en- tered Into a conspiracy to commit q crime, 1t was not permissible to aaduee testimony concerning Captain Haina and the defendant after the shooting. The court ovsrruled the motion.
 The rebuttal was ended without fur ther questions of subsequent events. On cross examination Mir. Andrews said: "Annis jumped from his boat to the float and then stumbled Into the wateys
 Did you know there was an unex- ploded cartridge in Captain Halns's TO. volver after the shooting?"
 No"
 . Did you know only six cartridges were dischargedT'
 NO"
 Adjournment was taken until tomor. row.