The Montgomery advertiser., 1908-12-29
DEFENSE OF HANS
HIS ATTORNEYS BEGIN WORK IN
 EARNEST.
In the Evidence That Developed Yes- terday Counsel for Halns Scored I've Telling Points
 Haius Hopeful

pal Wlth ms DTother, captain Feter V. Hains. Jr.. in the killing of William E. Annis, of the Bayside Yacht Club. in Little Neck Bay.
 An exhausting cross examination of the two witnesses for the defense left the main points of their testimony un- shaken and Thornton Hains returned to Long Island jAil tonight declaring that the evidence proved his inno- cenee.
 Testimony that Thornton Hains did not go to Bayside to kill Annis. but to look at property was testified to by Charles R. Weaver, sales agent for the Hains Concrete Mixer Company. who further declared that 1t was at his insistent invitation that the Hains brothers, on August IS proposed a trip to Sandy Hook and went to Bay side to inspect real estate there. Weav- CT almost sobbed on the stand when he said that he felt responsible for sending the Hains brothers on the journey that ended in the death of An- his. The mental condition of Captain Hains. previous to the shooting, was ed that from the actions of the army captain. he believed him to be ira tIonal
 The second material point brought out by the defense today was drawn from John Tierney, a garbage collect or, who said he was an eye witness to the tragedy. Tierney declared that Captain Hains had ceased firing be- fore his brother ran down to the float and the defendant did not draw his revolver until Charles Roberts, a club member, advanced. toward Captain Halns with the captains revolver in his hand. Tierney said that Thornton Hains did not point his revolver at any one on the float. but called for an of1cer to arrest his brother. He did not see Mrs. Annis on the float. A severe cross examination did not make Tierney waver in the essentials of his direct testimony.
 The trial probably will not be con- cluded for ten days. as Special Pros. ecutor White has indicated that the State cross examination of witnesses will be complete and exhaustive. John F. Mcintyre. counsel for Thorn ton Hains and Capt Peter c. Hains. said that the mental condition of Capt. Peter c. Halns, Jr.. was very alarm ing.
 T can see no improvement of Cap tain Hains' mental processes" said MT. Mcintyre. His condition is truly alarming and l fear a fatal termina- ton of his trouble. The Captain puts on his army uniform three or four times a day, and imagining himself at Fort Hamilton, gives orders to an im- aginary company of soldiers. He re- cites poetry and sings airs from the opera during the day. I am extremely apprehensive over the outcome. The treatment now being given him may be effective in time, but doubt it, Joseph A. Shay, Of counsel for Hains, was called to the stand when court opened today. He told of his interview with Martin Skura, the Bay side cabman who drove the Hains brothers to the yacht club. Shay said that Skura told him in the presence of Mir. Young, associate counsel for the defendant. that the name of Annis was never mentioned ddrlng the trip to the yacht club and that no one asked him to follow close behind the stage in which Mrs. Annis was driv. ing. w~T During the examination of the witt nesses. pr. Austin Flint the aiienist. came into court and sat~nea Thorn ton Hains. pr. Flint has been retain cd by the prosecution.
 Mir. Shay said that, neither he nor Mir. Loung represented themselves to Skura as newspaper men. The witness further declared that he was near Thornton Hains the night of the coro-
  had no conversation with Policeman Tallon who testified that Hains said that he wished he "could go down in hell and get Annis and kill him again" :"
 On cross examination, MT. Shay said he did not ask Skura if the name of Jesperson was mentioned by the Hains brothers.
 John F. Mcintyre, chief of Hains counsel, was sworn and related the in. cident during which Policeman Fallon said he heard the defendant make statement sgarding Annts MT. Mc- Intyre said that he saw Fallon going toward Thornton Hains and that he tn- structed his client not to talk, The witness said that Thornton Hains m9de no statement to Fallon In his presence. Only a few questions were put to Hains' chief counsel ou' eros eXamina- tion.
 Lee Bugg. a real estate dealer. was the next witness. Mir. Bugg said he had been associated with Mir. Jesper- son in real estate and that last April he had property for sale near the Bay side Lacht Club.
 Some time In April saw the de- fendant In my office." said MT. Bugg, and we talked about Bayside prop erty. I showed him the maps of prop erty near the yacht club. The urop- erty did not interest him and I showed nim some OLneE pTOpeTly hI E&ySloos and we arranged to go down and see the land on the following Saturday."
 MT. Bugg, on cross examination, said the appointment was never kept, and he never saw the defendant after April.
 detective and investigator for rail- roads, testified that Skura early this month told him that Policeman Fall Ion and a man from the district attor- ney's office wanted him to say he had heard one of the Hains brothers say:
 Now we've got him."
 Skura added that they wanted him to say that Thornton Hains asked for Annis, but he would not do 1t because he did not want to get into trouble. Stafford said he asked the cabman to sign a statement which he wrote down. of what he said, and that Skura re. piled:
 NO I don't wOnt to get into trou- ble. might get arrested for per- jury"
 Louis Goldstein, another detective, testified that Frank Ellerson. the ne- gro waiter at the Bayside Yacht Club, told him that he saw the Hains broth CTS at the club house on August 15, but that they did not ask for Annis
 On cross examination MT, White ask ed Mir. Goldstein if he had interro- gated Captain Clark, one of the witt nesses for the prosecution. and he re- piled that he had not.
 ''Didn't you offer Captain Clark money to go South?"
 Objection to the question was sus- tained.
 Goldstein said he talked to Messrs. Andrews. Roberts and Funke about the case. but they would not tell him any thing, Goidstein was asked to pro- duce the paper which he had prepared