The sun., 1908-12-27

dangerous TO his own life. This tIeghn-
dant beloved that he had left his revolver
at San Francisoo with his equipment
| Mr.. Shay then continued his story
saying that the friend, believing the NJ
turn by motor boat dangerous, tried ks
idIssuade the defendant and his broihei
from making the trip as the three were
walking toward the ferry. and 30 much
time was taken up with talking the mater
over that they messed the boat. Ths
friend then suggested that they 60 down
to Long Island and see the lots, "Thil
is q fine day" Mr.. Shay quotes him. III
you make d bargain we'll start the ho,iss
going and you'll have 1t done by fall
I'm 60 with you Thornton Hains 40:
cepted the suggestion and they started
The Captain was in an unconoerned
mood. not taking part in any oonversa-
tion and acting as II dazed. 30 the'lawyer
ssid They all stoPPsd, at ua the %Slder, Waldorf
took seat at table, while the Captain
sank into q chair In the hall alongside
the dining room. He could not be per-
suaded TO eat. Luncheon finished. they
started for the ferry. At the ferry the
friend Wound out from o time table that
they could not get back until late and
backed out.
go ahead. Thornton, he sald, my
wife will wonder where I am: You go
and look them over and we'll meet to-
night An appointment was made Tor
dinner at the Hotel Astor at o'clock;
Two return trip tickets were purchased
by Thornton Hains and l5o found them
at the railroad station at Bay Side.
events OF the day OF the shooting TO tell
about Capt. Hains's affairs-"to show
you that on that eventful day Capt. +.
g. Hains was a mailman, and the causes
which created that condition ana now
1t came about that he was with this de-
fendant at that time.
sCapt. Hains was married In 1900, he
said, while on duty at Fort Banks. Massa-
chusetts. After his marriage he was
stationed at various places under govern
ment orders. He deeply loved his wire
and their three children. In September
Of last year he was ordered to leave home
and family at Fort Hamilton and go on
board a government transport at san
Francisco sailing for the Philippines,
At first the thought Of leaving his family
for an indefinite period so worked upon
the poor fellow that he demurred and
had 1t not been for his wife and family
would have resigned. II does seem strange
how soon one can be forgotten by q
faithless wife.
Mr.. Darrin objected to this sort OF
talk and Justice Crane ruled that what
Annis did or did not do was not relevant,
but only what was told the defendant
| or his brother-tbat the truth or the
falsity Of the things told them made no
difference and could not be proved, So
Mr. Shay for the most part confor1ned the
remainder of his speech to this ruling
1T was told this defendant and his
brother" Mr. Shay went on, that the
relationship between this, disgraceful
woman"-objection sustained-"andW Will
lam 4. Annis continued until an abortion
was necessary.
sIt seems that tho wife while in a
drunken condition perhaps uncon-
sciously wrote her husband most frankly
and al1 her letters were sent in large
packet addressed to San Francisco.
When the Captain reached that port
he found them, and without waiting Tor
leave Of absence. broken In spirit, he came
East. The wife confessed all. and the
terrible condition Of affairs was com
The strain Of his work had weakened
him to such an extent that this was too
much to bear He was a Inadnian.
"Old General and Mrs. Hains observed
his breakdown and calling upon Thorn
ton directed him to look after Connie
Don't leave him. they said to Thornton.
be always with him, Take him away
and try to help him TO forget
The attorney then had considerable
to saw about brotherly love, and said
that the trips in the motor boat with their
attendant excitement seemed to do the
Captain good He continued:
@Diyoree proceedings were begun in
the early pareofyJ June and on August ~.
three days before the shooting, an answer
to the proceedings from the Captains
wife was served upon him. In that
answer tie wife charged the husband
with having compelled her through the
eight years Of their married life to submit
TO unnatural practices. III there had
been chance or the Captains 3 recovering
his reason before it seemed to be COM
pletey shattered now
Mr. Shay then returned to tho events
OF August l5
NO inquiry was made for Annis,- he
said. "The boy was asked how far the
club was. and Thornton mentioned going
down TO see a real estate man. No other
converse ton was held either with the boy
or between the defendant and his brother
The defendant has no recollection Of the
yacht club stage and nothing was said
to the driver relative to it. When the
clubhouse was reached he asked the boy
to wait. saying that he would be back
soon. The defendant left the surrey
in it. He probably did not stay in the
surrey long. for he seemed to follow the
defendant into the clubhouse.
-The defendant approached a man and
asked for Jesperson. He was informed
that there was no such man there and,
surprised said, Why. he is with the
Rckert- Findlay company The name
Annis was not mentioned The man with
whom he spoke was a colored man. but
the defendant does not recognize the wit
ness Ellison The defendant then spoke
with Mr. Birchfield and asked him about
Jesperson. Birchfeld apparently did
not know Jespersun. but he spoke Of GER
tain properties that were near the club
house and mentioned the name OF Storm
He told the defendant that Storm was
probably down around the float, Looking
around the defendant saw his brother
wandering toward the dock, and excus-
ing himself 10 Birchfield. he started down
behind his brother.
when the dock was reached the de-
fendant at the gangway met a man whom
he does not know and asked him il he knew
a man by the name OF Jesperson. The
man seemed to be in hurry and told the
defendant he did not know Jesperson
but to go down to the float-he might be
down there The defendant continued
on down TO the end Of the dock, where he
met Funke and spoke to him about real
estate and again asked for Jesperson.
Storm stood on the float below and the
def endant spoke down to him.
"The Captain was pacing back and forth
with his arms folded apparently ab-
sorbed in thought and paying no atten-
to what was taking place. Soon Birch
field came down to the dock and Joined
in the conversation which still was about
real estate and ,Jeaperson and then aome-