The Montgomery advertiser., 1908-12-29


 Hains coming down the bridge steps and spoke to Thornton"
 Thornton Hains the witness said, proposed a trip to Fort Hancock. first by launch and then by steamboat but witness declined and suggested that the brothers go "and look up the prop erty on Long Island."
 Captain Hains took no part in, the conversation and walking up Broad way he became separated from his brother. who went back and found him.
 The three then went to 6 hotel where Thornton Hains and the witness took luncheon, tire Captain sitting by him. self in the rotunda, It was agreed that the witness should accompany the Hains brothers to Long Island. but when the ferry was reached, the witt ness decided he could not go. As they Yarted the defendant agreed to meet the witness at 9 o'clock that night in New York. but the engagement was not kept.
 conversations that the witness had with Captain Hains. Mir. Mcintyre in formed Justice Crane that he desired to Incorporate in a Hypothetical ques- tion to be put to the experts certain conditions testified to by the witness. MT. White objected AS a question of evidence, Justice Crane held that the matter of Captain Hains's sanity was admissible as bearing ons the attitude of his bFother at the time at the saeotT Ing. MT. Weaver continued his testi- mony. ers.- .y.ssSs s.. and his wife were very affectionate be- fore the departure of the Captain, for the Philippines. Before he left for the orient, Captain Hains sh owed no ira tional signs, said the witness. , "what was said by Captain Hains when you saw him in August at Thorn tons houseT woman but Anriis had betrayed her" 4"What was his appearance"
 'tHe looked wretehed, as if he had gone to pieces He looked down at the floor and twisted his hair. Some times he arose and whistIed and sat down again and became silent"
 Recess was taken at this point.
 Before court convened for the after noon session, Mrs. General Hains, &C., conpanied by her husband and her son, Major John Hains entered the court room. Thornton Hains arose and went to meet his mother as she entered the enclosure. where counsel were seated. The defendant took his mother by the hand and talked to her few m moments, while she wept softly. It was the first time Mrs. Hains had seen her son in court, .
 MT. Weaver. resuming the stand. said that he and Captain Hains once stop ped at Youngs Hotel. in Boston.
 ''Gsoing to the lawyers. Captain Hains twisted his hair and pushed his hair back" Said Mfr. Weaver. "and said his wife came from that town and that now he had no wife. On the train his action continued and the captain said:
 "'My God, Weaver, my home is all gone.'"
 Mir. White cross examined Mir. weav- CT.
 Did you ever see him twist his hair as you have described here, before he went to the Philippines?"
 T did not"
 What was said by you to the de- fendant about going to Bayside on Au- gust 15?"
 ''I said to him, Why don't you go to Bayside and look the property over? Take Peter with you; 1t will get him away from his surroundings and will do him good.'"
 While Mir. Weaver was testifying Mrs. General Hains left the court room after shaking her son's hand.
 Mir. Weaver said that he did not speak to counsel for the defense about  the tragedy.
 ''Did you, MT Mcintyre and the de- fendant have a conversation at the de- fendants cell?"
 ."Yes. I was making a friendly call and Mir. Mcintyre happened to be there.''
 Did you not go over to the jail before that timer"
 T went over to the jail many times, but did not feel that should go in. I felt that I had sent them on the journey that led to the shooting
 James Tierney a garbage remover. was called. He said he went to the Bayside Club on August Is to collect some money for removing garbage, and went down to the float to see MT. Leavitt.
 q saw the boat coming in. and saw Captain Hains so toward the boat" said Tierney. He stopped down and grabbed the boom and commenced
 "Did the defendant point his revoI- yer at any one on the float
 "He did not"
 Did you see Mrs Annis on the foat al the time of the shooting?"
 NO. I did not see any woman on the fioat.''
 Tierney said that the defendant made none of the alleged declarations. "The first man to move will get the same ."
 Did the defendant put the pistol to the back of any woman on the float"
 ''He did not.
 The witness was under cross exam ination when court adjourned until to- morrow.