Waterbury evening Democrat., 1908-12-26

changed as plea against jurlsdic- tion. The ourt accepted this, and a little later Mir Judson stated in reply to Judge Robinson that his exception was to the declination of the court to accept the pleadings. The attorneys busied themselves with changing over the documents to conform to the ruling of the judges that they constitute court of some sort.
 Mir Jessup entered a demurrer to the plea of jurisdiction. Judge Ben nett said that this court did not ad- init nowadays general demurrers, but in this case such could be admit ted. Colonel Burpee remarked to MT Jessup that the burden had been shifted to him. Mr Jessup thanked the court for its courtesy for admit ting the contention that the court was sitting without jurisdiction. He said that in this case the court sits more as a court under English law sits, but it's authority is provided by the state constitution He then pro ceeded to discuss the corrupt prac- tice act, saying that it was of three strain law, each strain running through the several portions of it, the parts of the act standing or fall ing together. He pointed out the pro- visions governing candidates for office and the differentiation with the of flee of the chief magistracy of the state. He said he believed that sen timent in the state was with the principle of the act.
 District Attorney Darrin called Policeman George Bolton to tho stand this morning to tell of the "t- forts he had made to serve sub poena on John Tonning, the missing witness. He was excused and Louis Harway, who was with Annis on the boat, was recalled. He gave the di- mensions of Anniss boat. The state then rested it's case.
 Joseph Shay, associate counsel for Thornton J. Hains, in opening the case for the defense, charged that the evidence of the state bore every semblance of falsehood, invention and manufacture. He said that the defense will prove that Thornton Hains had nothing to do with the death of Annis, that Hains had no thought of Anns 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 a revolver, and that Thornton would have prevented the meeting between his brother and An his if he could.
 We propose to show you that the brother, Captain Peter c. Hains, was 1 mentally unbalanced and to show you the causes which created that cOndi- tion of mind" said MT Shay.
 He then declared that Thornton Hains had conferred last spring with Henry L. Jesperson, the real estate man; and with MT Bugg. a business associate of Mir Jeseprson, who had property for sale at"Bayside near the Yacht club and that MT Bugg told Hains to meet him any Saturday at the Yacht club. He said that Thorn- ton Hains had engaged a man to build house for him at Bayside.
 MT Shay said that on. the day of lllG muTubF lHe two DTOInefS leIC Jne Bay Ridge section of Brooklyn to go to Fort Hancock on Sandy Hook, where their father lived, and while passing through New York city they met the dealer in concrete and in- Vited him to accompany them to Sandy Hook, saying they would re- turn in a motor boat. Counsel said that Thornton J. Hains carried his revolver strapped around his body on that day to be fred as signal of distress in case the motor boat ran short of gasoline or for self-pro- lection in case of attack by thieves or river marauders, when landiN, after dark.
 That the captain never had a re- volver with him on these occasions and on this day was beyond Thorn tons widest imagina tion," said MT Shay. "On account of the condition of the captain, as we will show you, the utmost care was exercised to keep from him any weapon that might be dangerous to his own life"