The Birmingham age-herald., 1908-12-27
DEFENSE OF HANS
 OUTLINED IN COURT
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 peated interruptions, snapped hack:
 "Is the district attorney afraid to have the truth brought out In this case2'
 q will always allow the defendant latitude in his opening" said the judge
 Defense Staggered.
 The defense seemed about to suffer a staggering blow when MT. Shay reached that point of his statement in which he began to tell of Annis alleged misconduct with Mrs Hains. MT. Darrn came along with one of his usual objections.
 "l so rule, said Judge Crane.
 But did not the letter offered by the 6istrict attorney open the gates for all this scandal?"
 Ut did not" said Judge Crane.
 Don't we have chance to prove that this was true, the statements in the let ter2' asked Shay.
 q have seen where this was leading and l will now rule on that point said Judge Crane. You can prove nothing that Annis did with Mrs. Hains as mat ter of fact"
 It looked as if the defense's fine struc- ture was suddenly undermined Judge Crane, however, was not yet through.
 "I repeat, l will not allow evidence of Annls' alleged wrong doing as an inde- pendent fact. You cannot prove 1t as a fact, but you can bring 1t in if It mas bearing on the mental competency Of an other person than the defendant, the principal, or as to whether the defendant heard it or believed it."
 Important Witness.
 It developed today that the mysterious witness on whom Thornton Hains' de- fense is based Is C. Raymond Weaver, an agent for the Hains concrete mixer and concrete constructor. He was willing witness and seems to be able to tell a straightforward story of his meet ing with the Hains brothers on the day of the tragedy and his final refusal To go with them to Bayside and look at the property.
 Nothing can prevent the acquittal of Thornton Hains after Judge Cranes rul- ing today" said John F. Mcintyre this afternoon.
 "All of the sad history of the failings of Annis and Mrs. Claudia Hains must HOW go before the jury in as great de- tail as we think is necessary. Let me assure the public that we are not go- ing to throw mud at the United states army It is not a case in which the army is concerned
 It is now definitely settled that both General ttdlnS dnu HIS WlAC VIII Ns'iAS stand in defense of Thornton Hains. MT Snap said as much to the jury today.
 Indictment Attacked.
 The validity of the indictment was at tackled today on various grounds oy MT Young, one of the defense's lawyers. Judge Crane declined to listen to any argu- ments except on substantial questions of law. Mir Young insisted that he had right any way to have stricken out or the first and second counts of the indlct- nlent specifically accusing Thornton Hains with being an accessory before the fact He also raised the rather novel conten- tion that Thornton Hains could not pc legally tried as an accessory until a1ter the man actually charged with the com mission of the crime had been put on trial. He had not got very far along this line when Justice Crane broke in once more, saying sharply:
 "Right here I will say that this man may be guilty of murder in the trst oe- gree as a proposition of law, although the man who held the revolver ana nred the fatal shot was not guilty Of murder and was insane. I will take occasion at this time to say to the jury that this man is being tried for his own acts and designs and not for the acts and designs of any other"
 Not ProoT or 1uilt'
 "We contend" said MT. Young, that failure to interfere in the commission or crime Is not proof of guilt"
 Quite so,' said Judge Crane, but pre- yious declarations and acts may be taken in connection with non-interference as proof of a criminal purpose and design. I state that also as a proposition In law I hold too that a subsequent expression of qualification at the act itself may not be taken as evidence of complicity on the part of an alleged accomphce, put it may be considered with his acts ana words before and at the time of the com mission of the crime.
 q will state further that man may he guilty of a murder committed by lunatic if he aided and encouraged 1t knowingly and intentionally. Knowing the act and it's consequences in my opin- ion a man who is present at the conn mission of a crime and aids and apets IS not an accessory under the common law but a principal.
 Mr Young got Justice Crane to rule that non-interference or placid stand ing by as a spectator was of itself no crime.
 Final Pleading.
 MT. Young based his final formal plead ing on the declaration that the mortal wound was inflicted before there was any act on the part of Thornton Hains. Jus tice Crane overruled the motions and due exceptions were put in the record.
 MT. Darrin announced at the opening of court today that he had only two witnesses to offer.
 MT. Shay was hardly through his ad- dress when MT Mcintyre called Prose- cutor Darrin to the stand. MT. Darrin's examination was confined to few ques- tions as to his term of office.
 MT. Young of counsel for the defense, was the next witness. He was called to refute Detective Fallons statements re- garding an alleged conversation with Thornton Hains in court.
 The state In closing the case today called two witnesses whose testimony did not prove material
 MT. Mcintyre decided that it would take two weeks to put in the testimony of the defense