The Montgomery advertiser., 1908-12-17

as the examination of talesmen. The jury will not be locked up during toe trial or at least until all the evidence has been submitted.
 Reports that the prosecution has tempered with one of the witnesses for the defense has met with prompt denial by the States attorheys.
 Justice Crane. when court opened. excluded all witnesses of the tragedy from the court room.
 s On motion of District Attorney Dar- rin. Justice Crane said he would not permit Mrs. Hains. mother of the de- fendant, to sit beside her son during the trial The order doea not exclude Mrs. Hains from the court room.
 Justice Crane then ordered the State to open it's case Special Prosecutor White outlined the case for the State and stated what evidence would be submitted to prove the indictment against Thornton. Hains. He declared that seven months before the killing the publisher of the magazine. Recre- alton. had received letters from Thorn ton J. Hains expressing animus against Annis.
 After describing the location Of the Bayside Yacht Club and reeounting the preparations of Annis for an after noon's pleasure on the water, Mir. White detailed the arrival Of Thornton J. Hains and his brother at the Bay side Railroad Station. He said that Thornton engaged haekman to drive his brother and himself to the Bay side Yacht Club. The two passengers held a conver- sation which was inaudfble to the hackman. before entering the shack. On the way to the yacht club land ing the carriage passed a stage but Thornton directed the hackman to drop back behind 1t again. Thornton then said to Captain Hains: we've got him now" and told the hack man to keep about 100 feet behind the stage. Mir. Whites opening took near ly an hour.
 Justice Crane dented q motion of counsel for the defense. that the see- ond and third section of the indictment De set aside.
 George Y. Skinner an engineer of Flushing, was the first witness He identified a plan and survey he had made of the scene of the shooting and 1t was introduced In evidence.
 On cross examination Mir. Mcintyre developed that the witness did not know whether any changes had been made at the club house from the time of the shooting to the time when the survey was made. Justice Crane said he would require the prosecution to show what changes were made in the interim between August IS and the time of the survey.
 Edwin H. Andrews. a member of the Bayside Yacht Club, testified to the shooting of Annfs. His attention had been attracted by . ccrnmotion on the float and he jumped on 1t as Captain Hains began shooting. The defendant pointed ,a pistol at him and ordered him back. Annis's boar was in front of the dock at the time and Captain Hains was on the float and In . .crouching position near the edge of the floet. Andrews said:
 '"Thornton Hains sal. on an upturned boat and he was in conversation with some one. Thornton was smoking pipe This was ten or fifteen minutes after the shooting. Mir. Stephens, club member. standing near the runs way, was having an argument with Thornton IIains. I beard the defen- dant say. You are evidently not an American. s's M
 Justice Crane then announced that Juror Jardin's father. Christopher Jardfn, ia dead The juror decided that 1t would not be necessary for him to attend the funeral of his fa-