Waterbury evening Democrat., 1908-12-28
HANS CASE
The Captain is BopelessIy In. .sane-Be Dons Three Uni.
 forms Every Day
EVIDENCE OF DEFENSE

Flushing, N. Y., Dec. 2S.-The | building up of the defense of Thorn ton J. Hains to disprove the charge that he was principal with his brother, Captain Peter c. Hains, jr, in the killing of William E. Annis last August at Bayside, was taken up in earnest to-day before Justice Crane in the supreme court. Coun- sel for Hains has nearly score of witnesses under subpoena but wheth- | lematical
 The defense is said to have under subpoena two eye witnesses of the | killing who were not called by the state. Their testimony will tend to show that Thornton Hains' actions, when Annis was shot, were those of | defense for his brother and no of- fense. Thornton Hains will be the star witness in his own defense. He the last. He will likely be on the
 witness stand an entire day.
 c. Raymond Weaver, a builder, will testify that it was at his invi-
 tation that the Hains brothers went
 to Bayside on August 15. General ! and Mrs Peter c. Hains, parents of the defendant, will likely be sum- moned to give testimony concerning the mental condition of Captain Peter c. Hains.
 The trial will probably not be con cluded for ten days.
 John F. Mcintyre, counsel for | Thornton Hains and Captain Peter said that the mental condition of Captain Peter C. Hains, ir, was very alarming. 'I can see no i'm 1 provement in Captain Hains' mental processes said MT Mcintyre. His condition is truly alarming and I | fear a fatal termination of his i trouble. The captain puts on his army uniform three or four times 1 day and imagining himself at Fort 1 Hamilton, gives orders to an inn aginary company of soldiers. He re- cites poetry and sings airs from the l opera during the day. I am eX- tremely apprehensive over the out come. The treatment now being | given him may be effective in time but 1 doubt it.
 Joseph A. Shay, counsel for Hains, was called to the stand to-day when the trial commenced. He told or 1 the interview with Martin Skura, | the cabman at Bayside 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 during the trip to the Yacht club and that no one asked him to follow close behind the stage in which Mrs Annis was driving. l During the examination of the wit ness Dr Austin Flint. the alienist, came into court and sat near Thorn ton Hains. Dr Flint has been re- tained by the prosecution. Mir Shay said that neither he nor Mir Young represented themselves to Skura as newspapermen. The wit ness added that he was near Thorn ton Hains the night of the coroner's inquest and that the defendant had no conversations with Officer Fallon, who testified that Hains said to him 1 that he wished he could go down 1 into hell and get Annis and kill him again.
 John F. Mcintyre, chief of Hains' 1 counsel, then was sworn and his ex i animation was conducted by Law yer Young. He related the incident | during which Officer Fallon said he heard the defendant make a state ment regarding Annis.
 Mr Mcintyre said that he saw Off, 1 cer FallOn going toward Thornton Hains and that he instructed his client not to talk The witness said | that Thornton Hains made no state ment to Fallon in his presence. Only few questions were put to Hains' 1 chief counsel on cross examination.
 Leo Bugg. real estate dealer, 1 followed Mcintyre on the witness stand.
 Mir Bugg said he had been asso- 1 ciated with MT JespersOn in real estate and that last April he had | property for sale near the Baysidr | yacht club.
 Some time in April saw the de- | fendant in my office" said Mir Bugg, and We talked about <BaySide prop erty. Mir Hains asked for Mir Jes- person and told him that I was not in. I told Mr Hains what was for sale at Douglas manor. but he said the property was not near enough to the water.
 "I then said I have some prop erty at Bayside that may interest you and showed him the map of the property near the yacht club. The property did not interest him and 1 showed him some other property at Bayside and we arranged to go down and See the land on the following Saturday.
 Mir White conducted Mir Bugg's cross examination.
 Mir Bugg said the appointment was never kept and he never saw the defendant after that date in April. All the property at Bayside was near the yacht club. Most of this property was sold before August 15. Mir Bugg said he told MT Hains that either he or Mir Jesperson would meet him al Bayside. The date of the appointment in Bayside was either the last week of April or the first week in May said Mn Bugg. who further declared that he never Ynld tho defendant 9hat bo oouId Sod