The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-12-26
ALL TO Be
T 0L. D BY
mrs. HAMS.
Court Allows Counsel to.
Tell Her Relations
With AnDiS.
DEFENSE SAYS AUTHOR
WAS NOT IMPLICATED
Did Not Know Victim Was at
Bayside, Joseph Shay
Declares.
STATE PLACES TWO
WITNESSES ON STAND
Authors Counsel Springs Sur.
prise by Calling the
Prosecutor.
STATE PLACES TWO
WITNESSES ON STAND

FLUSHING, n. Y, Dec 26.-The
j. Hains for the killing of w. e. Annis
this morning, and Joseph Shay, asso-
ciate counsel for Hams, outlined the
defense
Counsel started to relate all the un-
fortunate "details of Captain Hnins's
marital troubles, which Mr.. shay de-
rtared caused tho mind Of the army
coptaip 20 become unbalanced.
Or objection Of District Attorney
Dnrrin, Justice Crane ruled thnt amy
statement Of what Aunis did, whether
truc or fnise. WIS not admissible. JUS
tee Crane Snid counsel might relate
whatever was told TO Captain Hams or
tho defendant With this ruling Mr.
shay recited all Of the alleged acts Of
Nrs. t!aips which Mr. shay declared
she had told her husband ON his return
from the PhilIppipes.
Council charged that the evidence of
the state bore every 2selnblance of
falsehood invention and manufacture.
He said that the defense will prove
that Thornton Elains had nothing to do
had 20 thought of Annis in his mind
when he went to Bayside: that he had
no idea that Annis was there; that
Thornton Hains did not know that his
brother had revolver and that Thorn
ton would have prevented the meeting
between his brother and Anns If he
could,
We propose to show you thai the
brother, Captain Peter c. Hains, was
mentally unbalanced, and to show you
he causes which created that condition
OF mind" said Mr.. Shay. He then de
clare1s that Thornton Hams had con-
rerred last spring with Messrs Jesper-
son and Bugg, who had property Tor
sale at Bayside near the yacht club,
and that Mr.. Bugg told Hains to meet
him any Saturday at the yacht club.
He said that Thornton Hams had en-
saged man to build a house for him
at Bayside.
AIR. Shay said that on the day of the
killing of Annis The two brothers left
Brooklyn, intending to go by motor
boat to Fort Hancock. Thornton j.
Hains carried his revolver to be fired
as signal of distress in case the motor
boat ran short of gasoline or for self
protection in case Of attack by thieves
or river marauders when landing after
dark.
THAT the captain had a revolver with
him on these occasions and on this day
was beyond Thornton's widest inlag-
nation" said Mr.. Shay, for on account
of the condition Of the captain, as we
will show you, the utmost care was eX-
ercised to keep from him any weapon
that might he dangerous to his own
NE"
The, trip to Fort Hancock was aban-
doned, Mr. Shay said, because OF time
taken up with a talk with a builder,
and instead the brothers decided to go
TO Bayside to look at the lots Thornton
Hains thought of buying. Counsel de-
clsred that proof would be adduced to
show that on the day OF the shooting
Captain Haiils was n Inadnau," as the
result OF his marital troubles. which
counsel related in detail to the jury.
Describing the killing of .Annis, Mr..
Shay said that the Hains brothers
were i1quiring at the Bayside Yacht
club for Jespcrson. the real estate
dealer. when Birchfeld, who was stand
ing nearby, who spoke to Mrs. Annis
bv name At this, he said, Thornton
Hains asked If that were "Bllly An.
Mss wife, and asked if Annis was
there. Thornton was told that Annis
was on board his boat, which was then
approaching the dock.
Continuing Mr.. Shay said: Thornton
realizing that a sight of Annis to his
brother would probably mean the un-
doing of his mental Improvement, de-
termined to get aVay. 1t was then that
he turned to hiS brother, and taking
him by the arm said: Come on, Peter,
Jesperson is not here. Lets go bach.
The captain shook himself from the de-
fendant and instantly Birchfield ran
down the gangplank, the boat oeing
in"
According to Mr.. Shay thornton
Haius did not come up with Captain
Hains until after the shooting ana
when Tonning had the captain in his
grasp and was about to strike him. u
was then, said the attorney that
Thornton cried out, Don't hurt NM
he,e my brother.
with the closing Of fine defeuse's out
\ line Mr. Mcintyre called District At