Evening star., 1908-12-21
THORNTON WAS SORRY
Roberts Admits Hains Ex-
pressed Regret at Deed.
SAID HE TRIED TO STOP 1T
District Attorney Darrin Angry Over
Criticisms of Court.
PERSUADED NOT TO RESIGN
Night Sessions of Court Proposed by
Judge Crane-Mrs. Annis
to Take the Stand.

FLUSHING. y. Y, December 21.-Eci-
dence that Thornton ]. Hams had eX-
pressed regret for the act of Capt. Hams
in shooting William f. Annis, and had
said that he had been endeavoring for
some time to prevent the killing at the
time Of the tragedy, was drawn from
Charles Roberts. member of the Bay
side Yacht Club. called to the stand as
one of the principal witnesses for the
state in the trial of Hams as a principal
with Capt. Peter Mains, jr.. his brother,
in the Staying of Annis.
No one is more sorry than I am. l
have been trying to prevent this thing for
some time was the statement made by
Hams, developed from Roberts, upon
which Hams counsel will rely to large
measure in the defense of the story
writer.
Roberts told clear story of the shoot
ing. supplying many details Of the killing
not testified to by previous witnesses.
Roberts said that Thornton Hains had
pointed his revolver at him while the
shooting was in progress and threatened
his life.
The revolvers of the Hams brothers
were placed in evidence.
That Thornton Hams was armed in the
manner Of plainsman' was shown. when
a leather holster to be strapped around
the waist and enabling the owner to
make a quick play. was identified by
Roberts as the one taken from the writer
after hhe shooting
District Attorney Darrin informed the
court at recess that it would take about
i've days to present the rest OF the states
case. Justice Crane then announced that
night sessions of the court would be held
commencing tomorrow night.
Counsel for the defense will likely oppose
night sessions
Mrs. Annis to Be Called.
The prosecution plans to call Mrs Anns
either today Or tomorrow. Through her
testimony the state expects to prove not
only that Thornton Hams drew his revol-
yer when his brother first opened fire. and
by so doing preventing any one from say
ing Annis' life. but that the brothers
went to the Bayside Yacht Club in search
of Anns.
Mrs. Annis was in the stage going to
the club when the Hams brothers drove
by. 1t is said that when the brothers saw
Mrs. Anns a remark of we've got him
now was overheard by the wife of the
publisher.
District Attorney Darrin has at this
time no intention of calling Mrs Claudia
Hams, wife Of Capt. Hams, as witness
for the prosecution.
boif sdIu tLkS TlOTllQG.
Mrs. Claudia Hams will not be called
as witness for the prosecution She
has no knowledge of any material facts in
the case.
There never has been any intention of
calling her. She knows of no fact that
is properly admissible in evidence.
Mrs. Hains IS at her fathers home in
Winthrop, Mass"
a sensation was caused in court today
when it became known that District At
at 1tc <3o
on his conduct Of the case had prepared
to withdraw from the trial and tender his
resignation from Office last Saturday
Mr.. Darrin said:
II wanted to Withdraw summarily from
the case because of the comments made
by the court. press and public on the way
handled this case. l have been per-
suaded to continue the prosecution and
not resign, as 1 had intended"
Roberts on the Stand.
When the trial opened today Charles
H. Roberts. member Of the Bayside
Yacht Club. took the stand.
He said he went to the club with Mrs.
Annis in the stage on the afternoon of
August IL Roberts said he saw the de-
fendant and his brother, Capt. Hams, at
the club together with the club men,
bers who were on the dock and the float
when Annis was killed.
Roberts said:
'AIr Funke and the two Andrews were
on their boats at the float when the shoot
ing took place. l did not see the Hams
brothers before the first shot was fired.
II was standing near the gangway when
l observed Annis and Hills boat coming
toward the dock. The boats were coming
alongside the dock when | heard a shot
and Mrs. Annis scream Look out. WIFI
Il started across the float toward Capt.
Hams. who was in crouchinS position.
., Tot,
in between us and. pointing a revolver
in my face, said: Keep off! Keep off or
will kill YOU
Roberts said Capt Hams was about
three feet from Annis
Il stopped when Hams pointed the gun
in my face and saw Annis stagger and
fall into the water. I pulled him out of
the water. Annis was placed on the float.
The defendant was about six seven
feet away.
After the first shot I started across
the dock. The pistol was then pointed in
my face. 1t was held there until the fir
ing was over"
After the shooting the Hains brothers
said Roberts. and defendant lit cigar
cite and the captain lighted pipe. Capt
Hams opened a card case and handed
out a card.
Roberts said
Il said to Capt. Hams: The army
must be proud of officers like you The
defendant said he wanted to explain l
told him did not want any explanations
81 told Thornton Hains: You are as
guilty as your brother. You prevented
us from stopping the shooting The de-
fendant replied: What could I do? He
is my brother
The witness said hat Thornton Hams
took his brothers wrist as il feeling his
pulse.
Conversation on the Float.
There was conversation on the float
Mr. Stevens said to the defendant that
it should have been settled with fists.
Hams said: 1T is evident you were not
born in this country
Il asked the Hams brothers if they
wanted to commit such crimes why they
didn't select some place where women
and children would not see it. and the
defendant replied: i am sorry as you
are. I have been trying to keep him
from doing it for some time
THE defendant asked if he could have
drink of water. Mr.. Storm remarked
There is plenty of water in the bay
Thornton Hams said to me that he
had saved my life, that If 1 had gone
near his brother I would have been