The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-22
Declare the Attorneys for the
Hams Brothers
In Regard to the Testimony of
Mrs. w. f. AnniS.
70 BREAK 1T DOWN.
They Will Subpoena Lawyers
Darrim and white.
Declare She Could Not Have
Seen Thornton Hams BeckOn.

Flushing. N. z, Dec. 22.-Lawyers
for Thornton j. Hams. assert today
that every effort will be put forth to
shatter that part of Mrs. Helene E.
Annis's testimony that the defendant
beckoned his brother and the two
men went out to the float where Cap-
tain Hains shot and killed william
E. Annis as he was making a landing
with his boat This evidence, Hains's
counsel declare, was suggested to Mrs.
Annis in order that her testimony
might bring the defendant within the
meaning of the statute that there
must be some overt act to show that
he induced or procured his brother
to commit the crime
Mrs. Annis must have been coach
ed in this part of her testimony"
said Joseph Shay, associate counsel in
the Hams case today.
I'VE intend to subpoena District
attorney Darrin and Special Prose
cutor White as witnesses. 1t is a
strange thing that she did not recall
this reckoning episode or speak to
any one until last week. The telling
or TINS episode would have been Civ
en- to another witness to relate. but
it was known that Mrs Annis would
not be subjected to such a rigorous
cross examination as another witness
would be-"
The defense hopes to develop from
the witnesses to be called that from
the position in which Mrs Annis was
standing she could not have seen her
husband make the landing and at the
same time have seen Thornton Hams
beckon to his brother. District At
torney Darrin may recall Mrs Annis
to the stand for a further brief exam
ination.
Counsel for the state declared again
today that reports that Mrs. Claudia
Hams was in Brooklyn and would be
called as a witness were untrue. as she
was not wanted as witness.
Morrill, L. Downs of Flushing, Bay
side Yacht club member, was the first
witness today. He was on the club
house piazza when the shooting took
place. Immediately after the shooting
he went to the float. Downs testified:
THE defendant had revolver in his
hand and it was cooked. Captain
Hains stepped forward and 1 put nv
hands on his shoulder and the defend
ant said
No, this is matter for the police
Il then said to the defendant: Who
are you and he said; L am Captain
Hams. son of General Hams of the
regular army
''Then the real Captain. Hams broke
in and said: I am Captain Hains and
he is my brother then said that this
was a gentleman's club and We could
not allow strangers to be armed"
The defendant asked his brother if
he should give the pistol up.
Mr.. Downs said that Thornton Hains
then broke his revolver and handed
him the weapon, after which the de-
fendant took his holster and belt off
which he wore around his waist and
turned that over.
Mr.. Downs was excused and John
G. Stephens of Flushing, a BayOde
Yacht club member and eye witness OF
the shooting, was called to testify. He
was seated in his boat when the shoot
ing commenced. He described the
shooting, saying there was one shot.
an interval of or 10 seconds, then
several more shots. Mr.. stephens
said Annis rose at the first shot and
after the other shots fell into the
water. Mr.. Harway sat in the bow OF
Mr.. stephens said that on landing
on the float he saw a man. whom he
pointed out as Thornton Hams,
swinging a pistol and saying:
1.-THE first man to move( is dead
man." or words to that effect.
The witness said that later when the
defendant handed over his revolver,
Captain Hams said: 1--WE have finish
ed our business; there will be no more
shooting"
Mr. Stephens gave the defense a
damaging blow in his testimony con-
corning the conversation on the float
with the defendant
"I said to the defendant that ! did
not sympathize with him, and he re-
piled. IF you had brother you
would have protected him. 1 replied
that If 1 had a brother like that I
would lock him up, and any way in my
country they settle things like this
with their fists"
1.-The defendant said, Z guess you
don't come from this country. NY
brother is an army officer and in the
army we settle things this way ] an
swered that whatever country you
come from you should not have shot
him down like a dog, and the defend
ant said, When you know all you will
think differently I was prepared to
protect my brother and I was prepared
to shoot any one who interfered.'"
Ibid you see Thornton Hams put his
gun on the back of any female on the
float -
NO
Mr.. stephens was excused and re-
cess taken.