New-York tribune., 1908-12-19
FATAL SHOTS DELAYED
SO SAYS HAMS WITNESS.
State Would Shoe 4nniS Night
Hare Been SdCed.

The prosecution the case of Thornton j Hams
On trial in Flushing a principal with his brother
in the killing OF William (. Anns. aoduced yester-
dav what they consider the strongest testimony
thus far given in their favor when two eye-wit-
resses Of the shooting testified that there was an
interval between the first shot fired by Captain
Hams and the others which followed in more rapio
succession and that it during this interval
that Thornton Hains pointed his revolver al tne
other persons the float
The two witnesses so tesitying were Herbert F.
l. Funke and Arthur c. andrews. both members
cf the Raz-side Yacht Club. Other witnesses, VINO
were on the hoz1 the time of the shooting testi-
fed that they had heard Thornton Hams make
the threats which repeated in the testimony
OF Charles a. BGTchfeld on Thursday Funke also
told how Thorrs on Hams had stopped him as ne
was on his way the yacht club pier and asked
him where Annis was. He replied that Annis was
3p one Of the two boats. which could be seen ap-
preaching the dock
r-5ke was the first witness TO testify that there
was an interval between the first shot hreo oF
Hams and the Others. He said that as captain
r5ai-s fred at Annis he mentioned his Nlctlrn
name. a moment after Captain Hams exclaimed
--Anuis" there q shot said Funke Then the
witness said ne looked at Annis and saw blood on
his bathing suit. Il then. before any other
shot was fired he said that he saw the defenoant
pointing 2 gun in his OFunke's) direction thornton
15ains was near the captain at the time, he SAID
After the first shot fired there was
-ause- the witness continued; and then four
shots were fred in quick succession Then there
was another pause and another shot
All this the prosecution brought out 70 show that
II Thornton Hains had not interfered Annls 5 IRE
might have been saved. II was brought out by the
medical testimony on Thursday that no one shot
wound found in Annis's body was necessarily fa1a
Thornton Hains's lawyers declared yesterday that
the Mr.. Jesperson for whom Thornton Hams Is
ssid 10 have inquired at the boat club on the day
~ the shooting was in the employ Of the Rickert-
F1rIav company which has been developing real
estate in Douglas Manor. Just across the pay
They declared that Jesperson viii be called as
witness for the defence
F,-e6a-sc- Z Storm the real estate who
tss testified that he spoke TO Thornton Hains after
the shooting. resumed the witness chair yesterday
morning and was cross-exa1nined by Mr. Mcintyre
chief of Hains's staff Of counsel Storm testihed
-. >. 4,e5 known Annjx since boyhood. but
-1o1Id not admit that they were intimate frenos'
Storm told how he to the boathouse on the
cav Of The shooting. and then continued olrch-
+sId smoke as I came downstairs dressed for boat
.nr about having real estate customer for me
7 thought he was kidding but when went
down 10 the pier Thornton Hains was pointed out
m me as the man who looking for real estate
NJ Storm then repeated the conversation he had
wifi the defendant about real estate, AFTER WHICH
Re ssid he roHed out TO his sailboat As soon as
he heard shot. he said, he sailed in TO the hoa|
where he saw Roberts holding a revolver morn
,on I5a5ns he said. was holding revolver and
.5id not have his brother by the wrist He heard
g woman scream Just after the shooting. he said
rlr did not hear any loud excamations as ne came
I'D 10 the pier nor hear Thornton Hams Gaining
for a policeman.
Herbert Funke followed S<orrn on the witness
stand I4e testified that he was stopped on his
~ u the pier at the clubhouse by Thornton
Hams who asked him where Annis was.
! said he was in one of the Two boats approach
snr the dock continued the witness The de-
fendant was near the runway. while was stand
.nK lust north Of the gangpls7lk He also asked
me if had seen Jesperscn Of the Rickerts-F inlay
Realty Company. and replied that knew MI
JesperSon.
home said Thornton Hains addressing his
brother
Thornton J FIains nodded his head in approval
of this testimony. and appeared pleased when the
witness quoted him proposing to his orother
that they go home.
The witness then described how he watched
Anniss boat come up 10 the pier, with Annis and
FIsrurav on board The boat came UP parallel TO
the pier. he said, with the boom extending over
The rjer and about two and half feet above it.
The witness continued; I saw Peter g hams
Mace his left hand the boom and point a plstoi
g. Annis At the same time, he said Annis.
He was in crouching position. I noticed blood
on Anniss bathing suit. When [ next saw the
defendant he about seven feet from me. WIN
g revolver in his hand pointed in my direction.
didn't hear him say anything 10 me or to any one
a. the time. 1 stepped and stepped back INTO my
boat
The witness testified that Thornton Halnes held a
cooked pistol in his hand two minutes after the
firing had ceased Mr.. Mcintyre objected TO this
point in the testimony, hut his objection was over
ruled.
The witness denied that he had talked Of the
case with the defendants father or brother or
with a Miss Wright a stenographer in Mr.. Nc
Intyres Office
The witness although he within three or
four feet Of Captain Hains. admitted that he had
not heard Thornton Hams. who was close by, say:
Keep back Keep hack He knows what he Is
doing" or. 10 Birchheld. Keep back, OF you'll get
tire same thing
Dr. Nathaniel L. Mcbride. OF No. 40 West End
avenue. q member Of the club said that he went
10 the clubhouse on the day Of the shooting with
his wife and daughter lie was on the float at the
time Of the shooting. but did not look UP until he
heard the third shot fred.
Captain Hains was about feet from me- he
said. The revolver held by Thornton Hains was
held high. and was moved about in jerky