New-York tribune., 1908-12-23
MRS. ANNlS ON FLOAT
FIVE WITNESSES SAW HER
Doubt on Pistol Story-Generd
Hams Lanents Financial Stress.

in the Criminal Branch OF the Supreme Court IN
Flushing. where the trial is being held before Jus
tice Crane and jury. Practically the case mas
narrowed down to two chief points One is the
time that elapsed between the firing OF the hrst
and second shots. The other is whether MIS-
Helene Annis w1uow Of the man who was shot
was upon the float during and directly aiter the
shooting upon the pier.
Many witnesses have testified that there was an
appreciable pause between the first two shots
Merle l. Downs John c. Stevens. Louis ; Har"aE'
Joseph E Hill and William w Knapp, the Wit
nesses examined yesterday. described the lhterNal
between the first two shots distinct All i've
testified to seeing Mrs Annis on the float. MT
Knapp in particular was positive that ne sa"
Mrs Annis on the float but Mr.. Mcintyre In MS
cross-examinatiCn laid trap for him MI Knapp
testified that Mrs Annis was the float while he
was sailing toward Il, that he her run across
the float and up the gangway after having been
stopped by something. On cross-examination ne
said there was no other the float and
that no other woman had gone up the gangway.
Notwithstanding that it had previously been proved
by Dr. Mcbride and Fred Leavitt that Mrs. Nc
Bride alghted from launch at the time described
and ran up the gangway. Mr.. Knapp swore under
crosse examination that the woman ne saw was not
Mrs Mcbride.
FATHER LAMENTs HIS POSITION
General Peter c Hains U S. A. discussed the
case and his own position with d Tribune reporter
last evening That he expects the trials to eat up
his fortune less than the truth. His fear
before the legal battles at END.
This trial may string along three or four weeks
yet" said he Then will come the captains trial,
and after that the divorce suit 1t involves tre-
mendous expense. Ny God. I do not know whether
can hold out Why could not both brothers
have been tried at the same time? There are many
issues in the cases that Identical It would
have saved expense and heartache. Think of the
suspense. As 1t is. Annis is in the best position
of the three men. in that he is free from harrow
ing suspense In view of the delays and expense
and suspense involved, man is a fool TO put him
self in the clutches of the law
the opening of yesterdays session Merle L.
Downs. club member. described how he dis
armed Thornton J. Hams He took the gun after
the had broken It, and dropped the unex-
ploded cartridges into his hand Afterward Hains
handed him the holster. saying 1t would be easier
for him carry the gun in IT
His testimony not shaken cross-exam-
ination, but Mr.. Mcintyre obtained from the wit
ness an admission that the cries of the men and
the screams of the the ho6t and pier
were the same as are always heard from an ex-
cited mob Mcintyre quickly seized upon the word
as descriptive of the people present during the
shooting welcoming it OF value in proving the
defendants fears for his brothers life The de-
fence considered this distinct point gained
John c. Stevens rowing to the float in his
skin when the shooting began He was nifty feet
away. He landed and the defendant swing
ing revolver and shouting. THE first man VINO
interferes is a dead mani
some one went to Thornton Hams said the
witness "and said. This is a gentemen's club
We allow no strangers here with guns Thorn
ton Haines turned TO his brother and said, Shall
l give It upT When Captain Hams said, Yes
give il up' the defendant broke the gun, poured
the cartridges in his pocket and gave up the gun
Then the defendant walked to small overturned
boat and sat down Both snloked-Captatn Hams
a cigarette the defendant pipe When Roberts
spoke to the defendant the latter said, Why,
saved your life
y said to Thornton Hains, Why should you
do this" and he said, If you had brother
wouldn't you protect him?'
i told him that If I had a brother who con-
ternplated doing fool thing like that I'd lock him
up Anyway. settle such things with our fists
in my country
You were not born in this country. Ny brother
is an army officer. and We settle things this way
here said Hains. I replied that in any country
the other would be the better way. Then the de
fendant said 10 ne: When you know all you Will
think differently.
q came down 10 protect my brother and was
prepared TO shoot any one who interfered-'
DID NOT SEE MRS, ANNIs INCIDENT
.AIr Stevens" asked Mr.. Mcintyre. when the
witness was turned over to him for cross-examina-
ton. did you Thornton Hams place a
volver against Mrs. Annis's back"
No sir the reply; Il did not Mrs.
Annis'
The witness described the wild scattering of peo-
pie as the defendant waved his revolver. He said
pier and six or seven climbing up the runway. He
was uncertain whether all reached the pier before
the shooting ceased
Louis s Harway testified that he sailing in
the Peggy with Annis before the shooting took
place. They gybed the sail from the port TO the
starboard side of the boat when seventy-fve feet
from the float
In cross-eXamning the defendants counsel tried
TO establish that Mrs Annis the pier while
Farway was going thither. Mr.. Mcintyre evidently
lied iroDO nj int beCs
the prosecution had failed 70 bring IL out. He
caagrined when witness testified with positive
ness that Mrs Anns the float.
But Mcintyre scored instant later when he
tripped Harway upon his recollection Of direct
testimony given half hour before.
i am nervous now said the witness more
nervous than at the time Of the shooting"
Surely I haven't made nervous?" asked Nc
Intyre.
Yes, you have"
Well do you regard me as more dangerous than
the man who did the shooting?'' questioned the
lawyer Then. hurried objection accompanied
the laughter. he withdrew The question.
Harway testified with clearness and positive
ness that the defendant had said. Stand back!
Stand back, he'll Kill you" All he heard him
say was Stand back! Stand back"
Under severe pressure the witness was obliged
to appeal to the court stating that lie so
confused that he knew not what he testify
ing. Judge Crane told Barway TO take all the
time he needed. He stated that he became
shocked after the shooting thaJ ne had TO be
sisted to the clubhouse where stimulants
administered by Mr.. Leavitt.
William W. Knapp Of Flushing. a member Of the
club who sailed with Joseph f. Hill. gave testi-
mony that regarded damaging TO the de-
fendant He looked under the sail toward the float
when he heard shot. The boat hundred
yards from the float.
y heard a )man's scream said the witness
Il Mrs. Annis toward the southerly end OF
the float. There she was partly hidden by the
eybing OF Annis's sail. But could her turn