The evening world. [volume] (New York, N.Y.) 1887-1931, 1909-01-06

decidedly treacherous regarding the
main physical conditions OF the spot.
he said after ne HAD oeen on the dock
few minutes Birchfield arrived and
hailed Mr., Storm, the real estate agent.
lAl this time Peter Hams was standing
near the tool house. facing toward the
bay and looking apparently at nothing.
Hains?" About fifteen feet, should
say"
Was he close enough to hear what
you might say?' "Oh, yes" said the
prisoner, eagerly, before Mcintyre could
get IN an objection. This answer rather
Indicated that Thornton Hams must
have known that Peter heard the men
Suddenly Hams recalled that before
he talked real estate with Birchfield
and Storm on the dock he had stopped
another man and asked for Jesperson.
TIE meeting with this man, rhich &C.
Cured on the paved walk, ". ) some
thing he had not mentioned In his d.
rect testimony, q think this yopns
person on the float added Hams.
Looking at char, to definitely locate
fixed objects. the witness express ed
surprise at the length OF the dock
rs feet-as set forth on the map, say
ing he had supposed 1t was not over
forty or fifty feet long. Five or six
named man Birchfed came up and
introduced him to Storm.
Then He Saw Mrs. Annls.
Right after that" said Hams.
"Brchfeld turned toward lady who
was standing about fourteen feet away
from us. Peter was still by the tool
, house. so that he was partly between
me and the lady. Mr. Birchhed shout
ed out, How do you do, Mrs. Annis?
Mrs Annis is that? Is It Mrs. william
+ Annis, wife Of the advertising man
ager? He said. Yes. ! don't recollect
of any other persons being there at that
momen, except those have named"
What did you next sayH' Il said
Where is Annis? Is he around'' Birch
field said Yes, he's out yonder In that
with the figure ! painted on the sail"
How long had you been on the dock
when Birchfeld spoke to Mrs. Annis?'
"A few minutes-probably five"
After Birchield pointed out Annls's
boat did YOU talk with him or Storm
further" NO. stood still for about
a minute looking at that boat, and when
she jihed and started to round up at
the dock | said to my brother: Jesper-
brother had come up nearer and was
then about ten feet from us. or maybe
less, Just behind Mrs. Annis. He made
no reply. | repeated my words very de-
cisively. Still he didn't speak, and |
went up to him and took him by the
arm He was then Just back Of the run.
way. looking out over the water | re-
here; let's go home; the carriage is
waiting He threw my hand off his
arm, but said nothing. l then said:
Mr.. Jesperson is not here. I'm going
home And ] started up the dock
toward the clubhouse"
Up to Hams to Explain.
This was the biggest point in the
cross. examination, for II must now de-
volve upon Thornton Hams TO explain
why he, the custodian Of his crazed
brother, deserted the brother at the
very moment when the man Peter Hams
most hated was drawing nearer to him
every second. John F. Mcintyre, al
anxiety, was leaning forward. watching
his client narrowly. Darrin plugged
along stoIdly.
How far did you go up the dock
alone?' he asked, About forty feet oil
thereabouts, should say"
. Did you turn and look to see II hi
was followng?" After | had got forty
feet on my way toward the clubhouse
turned and did not see him
The witness said he did not notice any
. women except Mrs. AnnS or any chill
dren at that Zine. He did not motto.
| anything that INSTRUCTED his vision
other witnesses have sworn there wer,
men, women and children on the dock.
Could you see who was on the foa
, at that Instant" Il could not"
You did see Mrs Annis?" Yes, sh
! was the only person | remember see
ing"
back to look for my brother, knowinl
he must have gone down the runway.
How far did YOU get?" ITO tn
/ head 81 the runway"
Going hack tribe, Mr. Darrin asked
: How was your brother standing whel
you put your hand on his arm and toll
] him you were going home ," He va
! standing with his arms folded thus.
= illustrating
Trying to Compute Time.
Describe his appea rance lie wa
staring with CLASSY stare out tOwar,
the water He was very pale and tn
skin was tightly drawn over his bones.
Was he frothIng at the mouth" -
9 didn't notice because ] was somewha
excited myelf-a little bit upset at find
ing out Annis vas there. ! put my ham
y on his arm and steered him around gen
. It's. but he shook N my touch
u 'Dd you do anything else to .nduc
him TO 90 away" Yes. ! said wa
. Why did you put your hand IN hi
I ARM" II wanted 10 get him away
didn't want him to meet Annls
q you missed your brother and ran bad