The Birmingham age-herald., 1908-12-14
Trial of I. Jenkins Hains For Killing of Annis Is
 to Begin Today
DEFENSE OF INSANITY
 OFFERED BY COUNSEL
This Is the Second Time Hains Has Faced the Charge of Murder-No Parallel Case to the Pres
 ent One Exists.

Flushing, L. L, December 13.-Combin- ing all the elements of a modern social tragedy in which the characters and st- nations are developed in army life, the trial of thornton Jenkins Hains. author and writer. which will begin here to- morrow, promises to rival in public in- terest many of the countrys noted mur- der trials. Hains will be tried as an accessory to the murder of William E. Annis a magazine writer who was shot and fatally wounded at the Bayside Yacht club last summer by the defend- ants brother, Capt Peter c. Hains, Jr., U. s. A., stationed at Fort Hamilton.
 Counsel for the Hains brothers, who will set up the defense of temporary in- sanity In the trial of Captain Hains. which will follow that of his brother, have Indicated that the defense of Thorn ton Hains will be that one may not be held as an accessory to the act of an- other who Is temporarily insane.
 The whole story which led up to the killing of Annis will be unfolded These attorneys declare there is no parallel case in criminal Jurisprudence.
 Capt Peter Hains. Jr.. son of Gen. Peter Hains L. s. A., retired was sent to the Philippines in the summer oe 1907. His wife remained at Fort Hamil- ton, just below New York city. with her three young children. The defense aI- leges that while away, Captain Hains re- ceived word from Thornton Hains of his wife's conduct toward William D. Annis,, a friend of the family. Letters alleged to have been written by Mrs. Hains to her absent husband will be read into the evidence.
 The army captain returned and, ac- cording to Mrs. Hains, upbraided her. As the result of an alleged confession which Mrs. Hains 1states~-was wrung l from her under duress. there was sep aration and Mrs. Hatns returned to her 1 home in Massa achusetts suit for di- vorce was instituted by Captain Hains in Boston last June.
 It is declared that Captain Hains be- came morose because of hs unfortunate marital affairs. On August 15 last Cap tain Hains and his brother appeared at the Bayside Yacht club when the club house was crowded to witness a club regatta Inquiry was made for Annis and when his eat boat drew alongside the club float Captain Hains walked up to Annis as he was stepping off and fired five shots. Annis fell into the water and died shortly afterward
 Club members and others, it is alleged. were held back by Thornton Hains, who had drawn a revolver The brothers sur rendered after the shooting.
 Since the shooting counsel for the de- fense assert that Captain Hains has gradually recovered his mental capac- itfes.
 This is the second time that Thornton Hans has faced jury under charges of murder. In 1891, while canoeing with a. boyhood chum, Edward A. Hannigan, off Fortress Monroe. he became involved in a quarrel in which Hannigan lost his life Hains was seen from shore to reach to the bottom of the boat and raise a revolver from which two shots were fired Hannigan used paddle in the quarrel. One of the witnesses at the trial was Rear Admiral Robey D. Evans. A plea of self defense resulted in a verdict of acquittal.