Daily Kennebec Journal (Augusta, Me.)
December 25, 1908

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Hains Thinks His Acquittal Is Certain. {Continued From P^ge One.) Martin Skura, the cabman, who on Aug. 15 drove the Hains brothers from the station at Bayside to the Yacht Club, was re-called to the stand when court opened today. He identified the defendant as one of his passengers, and testified that as they passed the Yacht Club stage on the road, the defendant told him to pull up and let the stage go ahead. As the stage passed Skura heard tjie defendant say: “We've got him now.” On Hie road to the club the defendant asked the witness about real estate for sale, and then if he knew Annis. The witness said he saw Mrs. Annis alight from the stage‘at the club. The defendant and his com panion left the cab at the club and the two men entered the club house, where he saw the defendant speak to the negro waiter, EUerson. Skura said that about 10 minutes after the two men entered the club house they came out and went down to the Jock. The witness remained by his cab. He heard the shooting and after ward went for Dr. Haughton. Mr. McIntyre, cross-examining, di rected the witness to repeat the story he had told on direct examination. Skura said that he had made a state ment to District Attorney Darrin and that it had been written out and read to him once. He saw Mr. Darrin last Sunday about the case. Tinder a running fire of questions the witness said he did not remember the faces of those who rode in his cal). He said he had never before told publicly the story he related here today. The witness adhered to all the testi mony he gave on his previous examin ation. He declared that no one had pointed out the defendant since his previous appearance on the witness stand. The witness said he had signed a paper for Mr. Young, one of counsel for Thornton Hains. He identified his signature to the paper. Reading from Skura's statement, Mr. Mclntvre asked the witness if lie had not said “there was no conversation on the trip and the name of Annis was never mentioned.” “Yes.” “Did you say that o one asked you anything about keeping back “Yes.’ “Did you say the captain’s face was drawn and haggard and that he kept his head bowed and spoke to no one?" •Yes.” “Now you swore to this statement in the presence of Mr. Young?" "les. Mr. McIntyre offered the statement in evidence and it was read to the jury. The statement declared that be fore the brothers entered the cab, Capt. Hains “stood like a statue, as if dazed," it further stated that the name of Annis was not mentioned on the trip to the club house. Mr. McIntyre asked the witness if a Mr. Stafford had not called on him re cently and that he had said he had a mother and brother to support and didn’t want to get into trouble. Wit ness said be did. “Didn't you say that they wanted you to testify that the Hains brothers asked for Annis but you did'nt want to ns you had a mother and brother to support?” “No.” Skura repeated that the testimony lie had given in the trial was correct. “When vou told Mr. Young and Mr. Hliay tnat the Hains brothers never asked for Annis, did you tell the truth?” “No. I told an untruth.” The witness was badly confused about the statement he had made to Hains’ counsel and -"aid that he bad so many lawyers at him and so much was said that he had told several stories. •*JS your su>r> “I have been thinking it over and have it down good.” Justice Crane interrupted and ask ed: “Was the story you told that the defendant told you not to get behind the stage, true or false?” “It was false.” “Why did you tell them a false story?” asked Justice Crane. “I thought the lawyers were reporters and if I told the truth I would get in bad with Mr. Darrin.” “Well, now, your honor," said Mr. McIntyre. “I move that this witness be committed for perjury.” “I won t do it now.” sadi Justice Crane, “in the midst of examination. The district at torney will continue the examination.” Mr. McIntyre was not through with the witness and continued his cross examination. “Did Mr. Voting and Mr. Shay tell you they were newspaper reporters “No." Skura said, he had talked with Dis trict Attorney Darrin and others of the prosecutor’s office last Sunday. “What was said by the district attor ney?” "He told me when 1 got up on the stand to tell the truth and look around sharp and see if I could identi fy the defendant." Skura said that while in the court house on Sunday, to see Mr. Darrin, he met a laundryman named Smalley and Mr. Andrews, one of the state's witnesses. Skura’s re-direct examination was commenced. He said Mr. Shay and Mr. Young did not tell him they were law yers for Mr. Hains at the time he made the statement. He did not know that Young was a notary public—in fact he did not know what a notary public Is. He did tell them that Cupt. Hams was in a daze; he held his head down and his hands foloed behind his back. He told Shay and Young that there was no conversation on the trip which is not true, because he thought they were re porters and that if ho told them tiic truth "you would see it In the newspa pers und get after me hard." In talks with the district attorney, the witness said, he had been told to tell the truth. “Did you tell me Sunday why you didn't identify the defendant when you were first called?” asked Mr. Darrin. ”1 was a little scared. I looked around two or three times but I did not see bim. I saw him, though, when 1 was leaving the stain}.” Recess was taken with Skura on the stand. Both counsel asked that Skura be placed in the custody of police but Justice Crane declined to grant the motion. He told Skura not to speak to anyone about the case and to come back after the lunch. In further examination after recess Skura admitted that he had made con flicting statements to counsel in this case for the same reasons he bad previously assigned. Skura was excused and the prosecution called Henry I. Jesperson, the man for whom the defendant in qulred at the Yacht Club and who is said to have had real estate which the Hains's desired to purchase, lie said that he first met the defendant about 10 years a so. Last April witness met the defendant and they talked of Lone Island real estate.. Witness mentioned in this talk that per sons living at Douglastown had the priv ileges of the Bnyside Yacht Club. The next time witness met Thornton Hains was in May of this year. Later in the same month the witness called on Hains regarding real estate, but the defendant said he would have to postpone the matter for a time. That was the last time Jesperson saw Hains until after the killing of Annls. They had no appointment to meet Hains at the Bayside Yacht Club Before Mr. McIn tyre could take up the cross-examination Justice Crape directed the district at torney to have all his witnesses ready, as he wanted the state’s case closed to day. Mr. McIntyre diew from the witness that an appointment had been made at tlie realty off.ee for the defendant to go to Bayside to see some property which Mr. Bugs, Jesperson's partner, had for sale near the Yacht Club. -Did you ever tell the defendant that he could come down to Bayside any Sat urday or Sundav?” “No. I told him that I was at Douglastown on those days.” “Do you know if the defendant had any appointment with Mr. Bugg at the Bay side Yacht Club?" “Yes.” Mr. Jesperson said that Mr. Ilains told him over the telephone that his brother was in bad shape and the real estate deal would have to l>e postponed. Mr. Jes person was then excused. Bernard Glasser. a real estate man, who qualified as a revolver expert, was about to testify when Justice Crane want ed to know the purpose of it. “I don't want it to be claimed by the defence,” said the district attorney, “that one pull of the trigger is sufficient to discharge eight shots all in a fraction of a second.” The testimony was permitted and IMr. Glasser demonstrated the mechanism of the revolver with which Aunts was killed. Glasser said the trigger had to be pulled for each ofHie shells, the recoil of each shot reloacflflr the revolver. The quick est time the shots could be fired, ac cording to a test made, was 1 4-5 sec onds. On cross-examination Mr. McIntyre di-i rected the witness to load the revolver and go into the gallery' and give the jury a demonstration. “I won't allow it, said Justice Crane. "But in the Buchanan case-" Mr. Mc Intyre began. “Well, I'm running this case and I won't permit it.” Justice Crane said. The witness then took the unloaded revolver and pulled the trigger six times as rapidly as he could. Harvey Rockwell, a Bayside Yacht Club member, took the stand, but bis testimony threw no new light on the case and a short recess was taken. William H. Harold of Long Island City, a patrolman, detailed in serving subpoe nas, took the stand. He told of efforts to serve subpoenas upon John Tonning. He said lie could not find Tonning. A sec ond recess was taken so that District Attorney Darrin might summon two ad ditional witneses whose testimony would complete the state’s case. After a brief recess Robert McKay, who was foreman of the grand iury, was called for the legal purpose of showing that while his name' was on the indict ment he knew nothing about the shoot ing and was not called as a witness. Jus tice Crane said that he would adjourn court until Saturday, when the district attorney could produce his other witness, a policeman. The district attorney said he wanted to examine Martin Skura again, but Justice Crane said lie would not allow it. The court adjourned until Saturday. BANKRUPTCY PETITIONS. Eighteen Filed in Last 10 Days in Court at Portland. Portland, Mo., Dec. 24.—In Hie last 10 days 18 petitions in bankruptcy have been filed with the clerk of the United States court, three of which have been filed by Portland parties and one by a South Portland man. Two of the bankrupts are women. The biggest failure of the past week is that of James L. Bremner and Wil liam Bremner of Oakland, doing bus iness under the firm name of William Bremner Co. Their liabilities are $5423.21. Fred K. Dickson, a earr>et layer of South Portland names liabilities of $858. S7. Maud M, Jngersoll petitions on ac count of debts incurred as a member of the firms of Nugent, Ingersoll Tinkham and of Ingersoll Tinkham. She names liabilities as $425.20. Another woman who today filed a petition is Emma S. Hathorn, a dress maker of Bangor, with liabilities amounting to $1468.22. Other petitions in bankruptcy have been filed in the past three days: Walter E. Lancaster, railway section hand, Pittsfield, liabilities $218. Otis R. Witha, laborer, Madrid, lia bilities $1C12. Harry B. Bates, Fairfield, laborer, liabilities $533. Charles M. Anderson, laborer, Ash land, liabilities $754.54. Alphonse E. Bartlett, laborer,' Blanchard. $493.01. Laroy F. Wilbur, laborer, Rumford, liabilities $153.50. Petitions in bankruptcy were filed for the week Dec. 14 to 21 as follows: Robert. H. Belyea of Monticello; George M. Reesley, Portland: Thomas A. Per ry, Portland; Joslah F. Osborn, Oak land: George R. Chesley, Mars Hill: Howard Skillings, Scarboro; Herbert ,S. Hammond, Auburn; William Car son, Woodland. SPARKS FROM MAINE WIRES. The British ship Timandra, owned in Boston but which has been at Portland ♦v,r several weeks, was libelled late Thursday afternoon for Frank G. Web ster and others for expenses incurred in repairing the ship, which was injured by a collision while at Barbadoes. Fred A. Thieriault of Van Huron was arraigned before United States Commis sioner Hamlin at Bangor Thursday morn ing charged with receiving, concealing and facilitating the transportation and concealment of li o'clock and 7 to 12 Admission 10 cents. Dance tickets 25 cents. Ladies free to dance. George A. Pe’rley and F. L. Kersey went to Boston- last night on Train AUGUSTA OPERA HOUSE T. H. CUDDY, MANAGER d