The Montgomery advertiser., 1908-12-27

CT. and instead the brothers decided to go to. Bayside to look at the lots Thornton Hains thought of buying Counsel declared that proof would be adduced to show that on the day of the shooting Captain Hafns was a mad man" as the result of his marital troubles, which counsel related in de- tail 10 the jury.
 Describing the killing of Annfs Mir Shay said that the Hains brothers were induirfng at the Bayside Yacht Club for Jesperson. the real estate dealer. when Birchheld who was standlug nearby. spoke to Mrs. Annis by name At this, he sai1 Thornton Hafns asked if that was Billie Annis's wife" and asked if AnnIs was there. Thornton was told that Annis was on board hts boat which was then approaching tire dock. Continuing, Mir Shay said:
 Thornton. realizing that s sight of Annis by hts brother would proba bIy mean the undoing of his mental i'm provement. determined to get away. IL was then that he turned to his brother and taking him by the arm, said: Come on. Peter Jesperson is not here. I,ef,s so back. The captain shook himself from the defendant and instantly Birch field ran down the gangplank. the boat being then in.o
 <lNeSAuAhS to MT Snay.- TnOrntOn Hains did not come up with Captain Hains1 until after the. shooting and when Tonning had the captain in his grasp and was about to strike him. It was then, said the attorney, that Thorn ton cried out Don't hurt him, he's my brother"
 Mfr Shay promised to show that all, or most all, of the statements. attrib- uted to Thornton Hains. are absolutely false and untrue; that every shot was discharged before Thornton was even on the float; that Mrs. Annfs was not on the float and that a pistol was not pointed at her back and that inasmuch as his brother was insane or practical ly deprived of his reason, the. defendant was only endeavoring to prevent him from committing an act dangerous to himself or to anotier.''
 With the closing of the defense's out line, Mir. Mcintyre called District Att torney Darrin sto the stand as his first witness.
 Justice Crane declined to allow the witness to state whether Captain Peter c. Eiains was indicted and what dfspo- sition had been made of the case.
 The court further declined to allow the District Attorney to say why Spe- cfai Prosecutor White was brought in- to the case.
 Mir. Darrin was permitted to fell when when Special Prosecutors White and Daytorswere brought Into the case, and was excused.
 Eugene N [. Young, one of Hains's counsel took the stand He said he was with the defendant at the corouer's in- quest when Officer Fallon testified that he heard Thornton Haius say that he wished he ''eould go down into hell and get Annis and kill him again"
 Afr Young said that Eailon and the accused did not speak to each other. Other statements attributed by Fal1on 10 the defendant were. Mir Young said, not uttered.
 Mr Young said that he told Martin Skura, the boy eabman, that he and MT. Shay were lawyers for Hains.
 ffSs then related the conversation with skura, the chief points of which were ihcornorafed in SEura's signed state uanf. Mir Young said:
 Mr. Shay asked Slkura If the name .Annis' had been mentioned during the flas of the FFaiHs hfnfbeTN toFthe club ana the boy kasd sAnnisk name was never Insnticned Skura further said that no one told him to drive behind the stage"
 Mr. Young said on cross examination that the reason he called Mir. MfIntyres s attention to officer Falien going to-. ward the defendant was because Failon .Svaa precinct detective. Witness said urecfnct detectives were prone to put stateuaents in the mouths of prisoners.
 MT Young was excused and Justice Crane adjourned the court until Mon day.