The Montgomery advertiser., 1908-12-27
HANS DENIES ALLEGATIONS
 ----s--- Defendant Makes His
 Showing.
 ---s-- WAS NOT LOOKING FOR AIMS Lawyer Declares Evidence Was Manufactured. state Uless. It. Case Against Breshsr ss Ava.y onlcer and Line of
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 Flushing, N. Y. Dec. 2s.-That the trip of Thornton J. IIains and his brother Capt. Peter c. Hains. IT, last. August to the Bayside Yacht Club, where William Es Annis was killed. came about through the invitation of af-oid friend. and the journey was therefore not taken with the design of taking the life of Annis,s was the declaration made today by lawyer Joseph w. Shay, In the outlining of the defense of Thornton J. Hains. charged with his brother with the murder of Annis. The name of the friend who will be called to testify that on the afternoon of August IS he invited the Hains broth CTS to Bayside, where they were to look over some property near the yacht club was not given.
 The defendant's counsel, in hts open- ing. address, started ofrelate all the unfortHHate details of Captain Hains' marital troubles. which Mr. Shay de- cIared the mind of the army captain to become unbalanced. On objection of District Attorney Darrin, Justice Crane ruled that any statement of what Annts did. whether true or false, was not admissible. Justice Crane said counsel might relate whatever was told Captain Hafns or to the defendant.
 With this ruling. Mfr. Shay recfted all of the alleged acts of Mrs. Hains. of which Mir. Shay declared she had fold her husband on his return from the Philippines.
 Declaration was made by Mr. Shay that 1t was the club members who call. ed Thornton Hains' attention to Mir. Annis in his boat Counsel said that before the defendant could induce his brother to leave the dock, Captain EIains rushed to the float and shot An nis to 4eath. sa
 
 in danger of his life from John Ton- ming, the boatnian, and the club sfneTn- bsrs warned them off with his reyoI- yer, counsel said.
 Only two witnesses had been called for the defense when Justice Crane ad- Intyfs ea3ied District Attorney Daf- rim to the stand to tell of tho efn- nIovtneftf by the State of two special prosecutors to asstst in the case. lsu~ gene N. l.. Young of counsel for IIains, the second witness, denied the statements made by Policeman Falion. who declared that Thornton Hains had stated that "1Ke would go to hell to get Annis and kill him again
 Mrs Peter c. Haius mother of the man now on trial for his life, is i'll in New York. Counsel desires to call. the mother to the witness stand to testify that after Captain Hains's trouble with ifis wife. she toid Thornton to keep careful watch an his brother. The health of Mrs. F1ains, it Is said will hardly permit her to come to court.
 When court opened, District Attorney Darrin called Policeman George Bolton 10 the stand to tell of the efforts he had made to serve subpoena on John Ton ming. the missing witness
 He was excused and Louis Harway. who was with Annts on the boat, was recalled He gave the dimensions 0g Annis's boat
 Following Mir. Harway's brief testi- mony. the prosecution rested.
 Mfr Young moved that the indictment against T. J. Hains be dismissed. but the motion was denied.
 Argument for Halns.
 Mr. Young proceeded with his argu- menf, taking the position that a person charged with being an accessory to the commission of crime could not bs tried until 1t was proved that the principal was guilty.
 .i7ight there I disagree with you" Judge Crane said. T hold that this man may be guilty of murder in the first degree, as a proposition of law, ale though the man who held the revolver ana fred the shot was not guilty of murder and was Insane.
 q am going to hold that man may be guilty of a murder committed by lunatic if he aided and encouraged it knowingly and intentionally, knowing the act and it's consequences. Tn my opinion a man who is present at the commission of a crime and aids and abets it is not even an accessory under the common law, but a principal"
 Joseph Shay. associate counsel for ~rhornton J. Hains. in opening the case for the defense, charged that the evi- dence of the State bore every semb- lance or faisehood. invention and man ufaeture. He said that the defense will proye that Thornton Hains had nothing to ~dQ with the death of Am nis: that Hains had no thought of An4 his in his mind when he went to Bay aide; that he had 10 idea that Annis was there; that Thornton Hains did not know his brother had revolver and that Thornton would have pre- vented the meeting between Annis and his brother if he could.
 we propose to show you that the brother. Captain Peter c. Hains was mentally unbalanced and to show you the causes which created that condi- ton of mind" said Mir. Shay.
 He then declared that Thornton HainS had conferred last spring with Messrs. Jesperson and Bugg, who had properEy for sale st Bayside near the yacht club and that MT. Bugg told Hafns to meet him any Saturday at the yacht club. He said that Thorn ton Hains had engaged a man to build Q house for him at Bayside. &4 Mir Shay said that on the day of the kiIing of Annis the two brothers left Brooklyn. intending to go by motor boat 10 Fort Hancock Thornton !. Hafns carried his revolver to be fired as a signal of distress In case the mo- tor boat ran short of gasoline or for standardization in case of attack by thieves or river marauders when land Ing after dark
 aThat the captain had a revolver with him on these occasions and on this day was beyond rhornton's. wild est imaginatlons," said Mir Shay. flor on account of the condition of the cap+ain as we will show you, the ut most care was exercised to keep from him any weapons that might he dam gerous to his own life"
 Captain 3EVas a Madman.@
 The trip to Fort Hancock was abaH- doned. Mr. shay said because~ of tho time taken up with talk with a huild-