The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1908-12-18
Herbert Funk Proves Star Wit
ness Against Hains.
His Evidence Shows Well De-
fined Plan of Murder.
NO SHOOTING IN COURT
Chief of Police Won't Allow Dis
charge of Revolver.
Demonstration May Take Place
Along Flushing Greek.

Flushing. L. L. Dec 1S.-The most
dramatic story yet told of the Staying
of William E Annis was recounted
today in the trial of Thornton j. Hams,
charged with being principal with his
brother Captain Peter c. Hams, jr., in
the killing of Annis, when Herbert
Funk, member of the Bayside Yacht
club, told how Captain Hams lifting
the swinging boom of Annis' boat ami
calling "Annis,' fired several shots at
him as he sat at the tiller. There was
a pause after the first shot, then came
four shots in succession, after which
came a single shot, declared Funk. 1T
was after-the first shot and before the
other shots were fired that Thornton
Hams drew his revolver and pointed it
at me-"
The prosecution claim that Funks
evidence is another proof of the states
contention that the defendant was a
principal and was aiding his brother IN
carrying out a preconceived plan to
kill Annis Funk's examination viii
probably take all day.
Counsel for Thornton J. Hams are to-
day preparing for a unique demonstra-
tion with the automatic revolver with
which William E. Annfs was slain TO
show that the writer was not prln-
cipal with his brother. Captain Peter
Ha1nS
at the Bayside Yacht club last August
In the presence of witnesses the re
plea of Captain Hams revolver Will pc
fired to prove that the seven smells IL
l 5-S seconds. Acting Captain of Police
Ivory denied the defendants counsel
permission to discharge the revolver
within the town limits, as it would De
in violation of an ordinance.
Alderman Hogan told Hams lawyer
that the revolver exhibition might he
held along Flushing creek. Some time
today under direction of Major Jonn
Hains brother of the writer, the auto
matte pistol demonstration VIII take
place. 1t is hoped by counsel that the
evidence showing the rap1dlty WITH
which the weapon is discharged VIII
refute the states contention that while
the shooting of AnuiS was in progress
Thornton Hams drew his revolver ana
prevented Annis' friends from coming
to his assistance. Frederick storm, the
real estate dealer. who testified yester-
dav afternoon that while Thornton
Hains was talking with him on the
dock the writer suddenly broke on ms
conversation about real estate and IN
ouired the whereabo bouts of Annfs, was
one of the principal witnesses on cross
examination this morning. 1t is gen
orally believed by counsel that the trlaI
will hardly be concluded before the emu
of the year.
John Tonning. the boatman who
seized Captain Hams by the wrist at
the time of the shooting and who has
been missing since early in OCTOBER,
has been located and he VIII hkely De
q witness in the case.
Frederick Storm called to the witness
stand for cross-examination, said that
he had been a friend of Annis for
lifetime Storm said he knew Mrs
Annis.
Thornton Hains appeared in an un-
usually happy frame of mind today ana
talked animatedly with his brother, Mr.
hi To- a
Intvre cross-examined Mr.. Storm. The
cross-examination brought out nothing
new.
Il. Funke, a friend of Mr.. Annis, was
recalled to the stand He was at the
Rayside Yacht club on the day of the
tragedy and testified concerning the
shooting and the incidents Immediate
ly preceding
Mr.. F1nke said he saw Captain Hams
on the float as Annis' boat came IN.
Thornton Hams was standing aoout
ward from the captain who held the
boom of the boat with his left hand
and with his right drew revolver.
Crying .Annis. the captain fired and al
most Immediately Thornton Halns
Dointed a revolver at the witness, who
was about seven feet away. The W.T.
ness said that Captain Hams hred
about four more shots at Annis, paused
and fired again, Mr.. Funk said ne
could not be certain but thought Cap
Hams did not address the witness when
pointing the pistol al him.
Mr.. Funke, resuming the stand in
the afternoon. was asked about the
scene on the. float following the shoot
inG.
''The shooting had not ceased when
1 noticed Mr.. Roberts, who came for |
ward. A pistol was pointed in Rob |
crts' direction by the defendant. |
They were about three feet apart"
WAS there any conversation later % !
Yes between Mr.. Downs and the /
defendant, Mr.. Downs asked the de-
fendant to turn over his gun. and he |
replied There will be no more i
shooting. This is a case for the po-
Downs said that it was a gentle |
his revolver. The defendant then |
tice there are no shots fired from my
gun
Funke said a policeman came and |
corner of the float where Annis was |
fendant again that afternoon. The |
commenced.
rs it not a fact that Captain Peter |
Hains put his hand on the boom and |
said to Annis, 'Annis, Annis. You stole |
my wife from me and my three chill
dren?'
NO sir"
Express Rates.