New-York tribune., 1908-12-24
HAMS ADMITTED GUILT
WOULD KILL ANNIS AGAIN
So DetectiUe Testifes-Letter Oar
rim Reads PIeases Defence.


Yesterdays session In the trial OF Lnor,'' I,ae +
Hams In Flushing for the killing Oh W me- 60 5a
Annis was filled with surprises lot po'i - -,
fence and the prosecution Ihe oeh0h00 -.
I,,f,, +brougbout the day making point after
point that 1t considered OF decided Vaiue-
met with what it considered the "ors' So 80
encountered when Detective Eugene A FaIar tocH %
tho stand He testified that the defendant ha" s
While IN the Flushing jail that Annis was JUST O.
good as dead and at another time that ne "o-- ~
go down to hell and get him out ana XIII iii'i' "
again if he could" ,r-,,z,. last
John A Clark a negro. gave John IohlIiie -
l,royn address as No 1901 Third avenue BrooAl'"
The defence at once sent man to that aoui ee' 80
but was told by. the Janitress that ne haU i =.
place on October 15 saying he intenoeo eoe -
Europe. Mr. Dayton told IriouHe Ilp~atuv - n
he thought the defence could prouu0o
desired ,... -. q
The introduction by the District Attornes - -
letter from the defendant to Julian A. T~ip,S' -,
prIetor of Recreation was welcoIheu O' .
NcTntvra He said it would open the gates 1
1,,,o. ~ the testimony he expected to oner' ouI
about the introduction of which ne hau -
doubt In the letter T. j. HAIRS CaIieu -,
rascal and outlined Annis's alleged relauO"S Win
Captain Hains's wife -, A.. os
the Hains brothers were being led away ne sou
Of Thornton: This man Is equallS I -.
his brother And the defendant repHeu' 49, go
7 am If I had been in his place "ouIo l8'0
done the same thing. -
C-1orI, testified that he was on the tender or the
Yacht Iavinia during the shooting. 1t was Lhooieu
to the south side Of the float. the tehoel
free He thought the first shot was the sIsI 'iiIs
shot for the race He looked up. and. re-" seeolioS
after the first shot he heard several other sho.S
Intervening sails prevented him from seeing the
shooting but he saw Annis fall overheard
..T vent on the float to look for the party e1-
pected" said Clark When falleo 10 see 'heil, =
re-entered the tender and rowed around pald
To
going on ,z
Under cross-examlnation the witness described
the time elapsing between the first ana secohd
shots point of great Importance in the case as
about what would elapse while he counted nve or
siv NrcIntvre had him count twice, while his as
sistants held their watches. In each instance II
took three seconds This time is at direct variance
with that testified by previous witnesses clark
was from thirty to fifty feet away. yet ne heard'
he alleged none of the exclamations of Keep on.
Keen off or I'll kill your Stand back! stand
back or you're a dead mani" He could see the
runway and that part of the float near IL He
did not the defendant place MS reVoIVer 70
Mrs. Anniss back.
Mr. Mcintyre established the actual length Of
time between the first shot and Annis falling into
the water as accurately the testimony OF one
witness could establish Il. Clark said he had kept
his ewes on Anniss boat the sound Of the first
firing until he saw Annis fall into the water.
please indicate the length Of time you looked"
said Mcintyre as he and District Attorney Darrtn
drew out their watches. There was a hush in the
courtroom while waiting for Clarks signal
Now" said the witness. The watches had licked
off ten seconds.
Patrolrnan Charles ". Baker. OF the Flushing
precinct said Thornton Hains told him this is
the man." indicating Captain Hams Then. after
ward, the defendant said. ''I placed him under
rest and told them to send for officer" and the
defendant also said: II only drew my gun in de-
fence OF my brother
Mr.. Ripley testified that Mr.. Annis was adver-
tising manager OF Recreation" He said he had
known Thornton ]. Hams since the summer of
1907. and that IN November 1907. the magazine had
published some OF his writings. There was some
correspondence regarding the business transaction
The defendant started the correspondence in Jan
uary 1908 He replied, and another letter was re-
ceved from the defendant in a fortnight. The wit
ness up Later, in the spring another letter
was received.
District Attorney Darrin tried to get the sigma
ture on letter dated January g. 1908. IN evidence
but the Court declined to admit the signature with
out the letter. because there was at that time no
dispute Immediately afterward he offered in evil
dence a letter dated June 49, 1905 The witness
stated that Il the third OF the letters received
from the defendant After 1t admitted the let
ter was read and the defendant and his counsel
expressed astonishment and pleasure that the Dis
trict Attorney placed it in the The letter
stated that Thornton ]. Hams had Annis a
criminal charge. It went into unprintabe details.
The whole letter considered distinct help to
the defendant
Mr.. Darrin made effort 10 get the second
letter the one destroyed by Ripley. record in
substance The Court, in long opinion ruled
against Il.
reflective Fsllon said Thornton ]. Hams asked
him if he would send a message TO his father.
Mr. Darrin tried 10 get IN evidence paper with
a telephone message written by the defendant.
What is the materiality?" asked the Court.
~ will show by 1t the defendants mental capac-
ity 10 commit a crime on August 15,'' replied the
District Attorney.
His eyes blazing Thornton J. Hains sprang to his
feet and seized his chief counsel's shoulder. He
demanded vehemently that Mr.. Mcintyre resent
the insnuation that his sanity was in question
For a moment It seemed that he might attack
Darrin. The paper admitted.
A telegram sent to General Hains read:
"Annis is killed. Come at The detective
wrote in the missing word
II said to the defendant, He isn't dead, " said
Falon. He replied;
He's just good dead The people will
agree with me when this is thrashed out. Annts
ruined Peters wife " The detective told OF the
foul epithets the defendant used in describing the
Coroner's jury which sat the case.
VENEZUELANS GOING HOME