Daily Kennebec journal., 1908-12-18
The Hains Trial.
CONTINUED from Page One.)

direct testimony an adjournment was
taken for recess.
Resuming the stand, Mr.. Rirchfield
was given a long cross-examination by
Mr.. Mcintyre after the prosecution
had asked MIR. Birchfield If he had seen
any women at the clubhouse when the
two brothers arrived Witness said he
did not.
did you ever attend a meeting OF
the club members to aid in the prese-
cution in this case?" II attended an
informal meeting in court after the cor
oner's verdict. We talked of raising
money for the Annis children"
"What lawyers were talked about at
that time p Mr. Dayton. Mr.. Jerome
was talked OF and l think Mr.. Gar
land"
Ibid you attend any other meeting
to obtain counsel?" mot that I recall
do you recall that the board of
governors of the club met to take ac-
tion?" "I don't know"
| did you read Mr. Andrews testi-
mony in the newspapers" II glanced
over it,
did you read that Andrews said
that Thornton Hams stated that he
was managing this affair?' did you
hear Hams say that?" mo, sir"
Mr.. Mcintyre sought to show that
the witness talked with Mrs. Annis
about the case and what testimony he
would give in the trial. Witness denied
the suggestion. The witness denied that
he had any ill feeling against the de-
| fenddnt.
Have not your feelings changed
| I,n =
did TO the wife Of the brother of this
defendant?' II object" cried District
| Attorney Darrin. Sustained" ruled
Justice Crane.
Mr. Birchfield said that he was at
| the clubhouse when the district attor-
| ney, Prosecutor White and some club
members on two Sundays went over
| the case. Witness admitted that Dis
| trict Attorney Darrin had told him
| not to talk Of the case to anyone and
| that for this reason he had refused to
discuss it with MIR. Shay and Mr.. Nc
| Intyre Mr.. Rirchfield said that he had
been summoned as a witness in the
magistrates court but was not called
| to the stand. Witness said that Thorn
| ton Hams, his brother and Mr.. Storm,
met on the float and had conversa-
| ton about real estate. Birchfield said
| that after Annis' boat had landed he
did not notice where Captain Hams
was and not until he heard the pistol
did he turn around.
"When [ heard the shot l turned
around and saw man crouching down
behind the defendant and firing the
gun"
Did it strike you that this defend
ant was rushing to his brother to stop
him." An objection to the question
| was sustained.
Mr. Birchfield said he saw John Ton
ming going toward Captain Hams af-
ter the shooting.
Did Tonning assume a threatening
attitude as J indicator" "No.'
What did you see?" "I saw Ton
ming hold Captain Hams wrist
Did you see the captains face?
Didn't you hear the defendant say:
He's crazy Don't interfere with him.
He may do the same thing to you. "
"If ne die l didn't hear him.
"What did he say?" 81 understood
him to say keep back. keep back. He
knows what he's doing
Mr. Mcintyre then directed Thorn
ton Hams to stand and placing HIM
self behind the defendant asked Birch
field to describe the position that Cap
tain Hains took.
"Now you have testified that when
the shooting took place you exclalm-
cd. is he crazy?'' yes"
"Why did you exclaim that?' Be
cause of the unusual affair, the shoot
ing and the screams"
Did you hear the defendant say.
get d police officer. I'll hold him until
he comes'" II heard the defendant
say, get a police officer but not the
| last part
Did you hear Thornton Hams say.
4 regret this as much as anyone. l
have been trying to stop him for
some time" II didn't hear him say
that
Rirchfield said that Thornton Hams
did not discharge his revolver.
| Witness was questioned in regard to
the position of the boats at the float
and principals"
Don't you recollect that while
Thornton IIains, his brother and MIR.
Storm were standing on the dock that
Thornton Hams said: 'Jesperson is not
here Let's go back?' " He said some
thing like that AS l recall, that was
the substance of what he said
Mr. Birchfield, do you know where
Mr.. Tonning is:'' mo"
when did you learn that he had
gone away?' From the newspaper
this morning."
"Is it not fact that when you and
the Hains brothers were on the dock
that at the first mention of Annis'
name, Thornton Hams said to his
brother. Let's go away?" 1T was la
| ter than that"
The cross examination of the Wit
ness was closed and the rebuttal COM
menced by the prosecution. Birchfield
was excused after a few interrogations.
| Frank Ellerscn. a negro of Bayslde,
| took the stand. He was a waiter at the
Yacht Club at the time Of the shoot
| ing. He said that two men came to the
club on the afternoon Of Aug. Is and
he had a short conversation with them
Ellerson said he pointed out Mr..
Birchtield TO- two men who were the
1 I