The sun., 1908-12-27

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i While cries Of KIN himl' Lynch bimi
/ were going on all shout him,
| -Tonnlng stepped away. Thofntonant
| Roberts both held their r0volyers down e
their sides, and Thornton took hold Of biz
S-6e would arrest his brother.' -
Mr.. Shay said that later the defendant
said 10 Roberts, II eayed your life-he
might have killed you and 10 Stevens
eIfyon had brother Wouldn't you pro-
t6ot hIni' and explained that this latter
renefIE referred not 10 coming down
from - city but from tho dock above
when saw. the Captain threatened by
Tonnina Most Of the staternents attribu-
ted e. Thornton Hains by tho witnesses
| for the Prosecution, the defenoO'e lawyer
declaae1 1aWere not said. Mr.. Shay said
! that tha5lefence would prove that every
shot Na9 discharged before Thornton
was even on the doat; that he did not draw
talD's pistol at the Captain; that the do
fendant not only said. Il am a. sorry for
this as you are but also. God knows
tried to keep him from meeting thls man.
sWe viii show you.s declared Mr. Shay.
sthat Mrs. Annis was not on the fioat,
nor was pistol pointed at her back, nor
did the defendant beokon his brother. I"
AhDoo N0i0 tiAy OthSi IotuN3 III thO toBh-
mony OF the widow when She took the
stand for the prosecution.
In summing up his speeoh Mr.. Shay an
nounced the intention Of the defence TO
prove that Thornton Hains exercised
only his legal prerogatlve In preventing
his insane brother from doing injury TO
himself or further injury to others by
from doing injury TO this same brother
then In his OuBtOdV ..I
When Mr.. Shay had fnishcd at noon.
after having spoken for two hours, Mr..
Mcintyre called District Attorney Darrin
as the defence's first witness. Mr.. Darrin
said he had qualified as District Attorney
Of Queens county on or about January 1.
1900.
'And you were duly elected by the
people Of this county," Mr.. Mcintyre
asked
I'm not so sure about that" was the
Justice Crane interrupted impatiently.
Il will answer for him. The answer Is.
Yes"
Mr.. Mcintyre tried to bring out that an
indictment bad been found against Capt.
Peter G. Hains by the same Grand Jury
al returned the indictment against the
present defendant, but the objection OF
Elmer 8, White. who yesterday took
charge OF the case. was sustained. Mr.,
Mcintyre also asked the witness when
hls assistants, White and Dayton. were
retained. and got answers to this. The
Court sustained the objection OF Mr..
White as TO the compensation to be paid
these two attorneys.
Eugene N. l.. Young Of counsel for the
defence then was put on the stand to inn
peach the testimony Of Fallen. the Dis
trict Attorneys detective, who testified
that Thornton Hams said to him while
thu CAFnnaF'Q ttIFu rra mt I uvnaflH
down to hell and bring him back and kill
him all over again il could" Mr. Young
declared that he had seen Fallen start
toward the prisoner, had called the at
tention Of Mr.. Mcintyre and Mr. Shay
to the action. and that the three lawyers
got to the prisoner before the detective
and surrounded him 30 that 1t would have
been impossible for him to have said to
the detective what the latter alleges.
MIR. Young also testified to the obtaining
Of the affidavit from Martin Skura and
said that he and Mr.. Shay specifically
told the dense witted boy that they were
lawyers for the Hams brothers and that
in response to questions the boy made
the statements embodied IN the affidavit.
When the trial is resumed Monday morn
ing Mr.. Mcintyre and Mr.. Shay will
both take the stand TO refute Fallen and
Mr.. Shay also to refute Skura.
Among the things which yesterdays
session brought out most forclbly was the
interesting Intensity Of feeling existent
between MIR. Mcintyre and Mr.. White.
who will take the brunt Of the battle for
the prosecution from now on. The Court
had to call Mr.. Mcintyre for leaving Oh
the @Nlr" when speaking Of Mr.. White.
and then had to call the latter for giving
his opponent the plain title OF NMcln-
tyre Justice Crane told both that
common politeness" would prevail In
the trial of the case and that he intended
to see that it did.
Outside of Thornton Hains's testi-
mony 10 his own behalf. which win likely
not be given until the defence is well
along toward the completion Of its case.
the greatest interest attaches to that OF
his mother who IL was definitely an
nounced yesterday, would go on the stand
10 tel, Of her having committed the Cap
tain, whose mind is alleged 10 have been
weakened, into his brothers care. Mrs.
Hains probably will he called early in
the week,
The first few minutes OF Yesterdays
session was taken up by the finishing OF
the prosecutions case. Mr.. Darrin called
George Bolton. one of his detectives, who
testified to searches he had made for
John Tonning without success, and Louis
Harway, recalled, who gave the dimen-
sions of Annis's boat