The Topeka state journal., 1909-01-09
BAD FOR HAMS.
Members of the Bayside Yacht
Club Testify
That Defense's Eye Witness Was
Not There at All.
IN HIS RIGHT MIND.
All Swear That the Captain
Appeared Rational.
Testimony of Jenkins Hams Is
Given a Jolt.

Flushing, n. Y, Jan. 9.-Several
members of the Bayside Yacht club,
where William E. Annis was shot and
killed by Captain Peter c. Hains, jr.,
were called in rebuttal at the trial of
Thornton Jenkins Hams today and de-
clared with positiveness that James
Tierney. the defense's eye witness of
the tragedy, was not on the float and
had not been at the club house on
August 5. All the club members
declared that Captain Hams appeared
rational and showed no evidences of
insanity.
The state scored heavily in the testi-
mony of Charles Roberts, Bayside
club member. The defendant swore
that as soon as his brother fired the
last shot the revolver was knocked
from his hand by John Tonning and
that the witness, Roberts. picked it
up. Hams further said that Roberts
advanced towards his brother and that
it was then he drew his revolver for
the first time. Roberts testified to-
day that he pulled Annis from the
water, talked with him, secured a sail
cloth and put it under his head, and
not until then did he go and pick up
the captains weapon.
A message sent to General Hams by
Captain Hams stating that he "had
shot AnniS" and to come at once, was
brought out by Policeman Fallon, who
identified the message as that he had
sent which the captain wrote. This was
developed by the prosecution as having
bearing on the captains sanity.
Justice Crane told counsel that he
wanted them to conclude with the tax
ing of evidence tonight and indicated
that he would not permit any fishing
excursions" Thornton HainS has been
visibly depressed since he left the wit
ness stand Thursday.
It's only natural that 1 should feel
the strain of the trial. said Hams,
when so much depends on the outcome.
No man knows what II men will do,
but as I have read the faces of the men
who will judge the facts, have no fears
of a conviction. My only fear. however,
is possibility of disagreement, which
means another long stay in jail, per-
'haps, before / can get a new trial. On
the evidence 1 should be acquitted and
my best belief is that / will be found
not guilty"
1t was stated in court today that John
Tierney, the ash collector, is i'll with
pneumonia at his home. Warden Sleth'
of Queens county Jail, testified in re-
buttal that he. saw Policeman Fallon
seated next to the defendant on the
night of the coroner's inquest, when
Thornton Hains is said to have told the
officer that he would go to hell to get
Annis and kill him again.
Fallon was recalled and testified
that he was in the Flushing station
house when Captain Hams was
brought in and the captain answered
the interrogations put to him by the
desk lieutenant regarding his age,
name, business, and birthplace, OF his
parents and himself. The officer de-
scribed the speech and, manner of
Captain Hains. This testimony was
brought out to show that Captain
Hams after the shooting was able to
act and speak in a rational manner.
Fallon further said that Captain
II sat in h0 1nI .l7a nj q n
send a message to his father. Wit
ness identified apiece that the army
officer had written in Jail after the
shooting and Justice Crane ruled that
it might only be admitted as evidence.
bearing upon the captains sanity and
not upon facts contained regarding
the shooting.
Prosecutor Darrin read the paper
to the jury as follows:
General Peter G. Hains: Have shot
Annis. Come to Flushing police sta
ton (Signed.) PETER"
officer Fal1on said that captain
Hams told him what he wanted for
supper and that he and his brother
ate together and had a conversation.
From what he heard and saw Fallon
said he thought Captain Hams was
rational.
Mr.. Mcintyre on cross examination
drew from the witness the statement
that he did not know whether the
telegraph operator sent the contents
of the message from the paper, or
made a copy of it.
Frederick Leavitt, a club member,
sWore he did not see John Tferney on
the float at the time of the shooting
''well, you ran away, didn't you;
at the time of the shooting?" asked
Mr.. Mcintyre in cross examination.
Yes"
The prosecution called other mem
bers of the Bayside Yacht club who
testified that they did not see John
Tierney on the float.