The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-17


showed under examination how the
army captain standing on the floats
edge held aloft the obscuring boom
and sail of Annis boat and shot the
publisher as he sat at the tiller.
There was surprise when it was
learned that John Tonning a Swedish
boatman who saw the tragedy could
not be located
District Attorney Darrin said he
thought Tonning was in Sweden, but
that nothing had been heard from
him since last September. HE was an
important witness for u.s." said Law
yer Mcintyre, "for through him we
would have shown that he struck Cap
tain Hams after the shooting with a
boat hook or oar and that to protect
his brother Thornton Hams drew his
revolver" The cross examination of
Andrews consumed the major portion
of the afternoon and Lawyer Mcintyre
sought to develop that Thornton
Hams had said after the shooting that
he had tried to dissuade Captain
Hams from his act and that he would
Special Prosecutor White declared
evidence would be brought out to show
that Thornton Hams had full know
ledge of his brothers intention to kill
Annis and virtually led the way to the
yacht club and directed the search for
the publisher. Mr.. White declared
that Thornton Hams pointed his re-
volver at Mrs. Annis and prevented
wounded husband.
When court opened today Justice
Crane announced that he had decided
against the use of the model which the
defense had prepared to show the rela-
tive positions of the parties at the time
of the shooting of Annis. 1T is clear"
he said, that this model is out of all
proportion and gives a false impression
to the jury. I would suggest that you
obtain photograph to show its cor
rectness and then it may be used"
Counsel for the defense noted an ex-
ception and the state called DR.. John
Mack Leod to the stand. His home is
in Flushing. He said he went to the
found Mr.. Annis lying on the floor
''Dr. Houghton was there and there
were several club members walking
about. There were several gunshot
wounds in Annis' body. I directed the
of Annis to the hospital. 1 did
not see Annis afterward.''
Did you see DR.. Jones. the house
in the hospital?"
Have you seen him since?"
mo"
On cross examination the witness
said he thought DIR. Jones was now in
Syracuse.
DR.. Leo Schmock, house surgeon of
Flushing hospital testified that DIR.
Jones brought Annis to the hospital
and that the wounded man was ac-
-
Rockwell and other friends. The wit
ness told of numerous wounds found in
Annis' body. Annis, he said, died from
shock and hemorrhage brought on by
some of the wounds described.
DR.. Joseph Bloodgood of Flushing,
testified that he attended Annis at the |
hospital and related the treatment
Annis was etherized, the physician |
said, and the examination disclosed |
about 20 gunshot wounds from entrance
and exits of the bullets. Annis died |
from shock and hemorrhage. DR.. |
Bloodgood said. One bullet made six
the witness said.
Cross questioned DR.. Bloodgood said |
Annis was in the hospital about 20
minutes before he was etherized
Did you see Annis die?"
Il did not
Mr.. Mcintyre asked that in view OF
he fact that the witness did not see |
Annis in death the testimony be strick- |
IN out. Justice Crane reserved de-
:ision.
Dr. Walter Fry of Long Island City,
he coroner's physician, described the |
autopsy. He discovered 20 external
wounds and then in detail described |
what he had done in tracing the course
If the bullets.
DR.. Fry was given a scorching cross
examination and then the prosecutor
,alled Mrs. William E. Annis to the
stand. She said:
Ny name is Ellen Annis. I was pres
mt at his death. DR.. Schmock was |
here
Did you see your husband dep
Yes
THAT is ALL" said the district attor-
ley.
Mr.. Mcintyre said that the district
lttorney should exhaust the witness
lpon her knowledge of the case. JUS
ice Crane said 1t was not necessary at
his time.
''Then I have no question:" said Mr..
Mcintyre.