Waterbury evening Democrat., 1908-12-31
THE HANS CASE
Aged Parents of the Defendant Are 10 Be Called 10 ..
 Testify.

Flushing, N. Y., Dec 31.-Wlth the conclusion to-day of the testi- mory of Major John Hains in behalf of his brother, Thornton J. Hains now on trial as a principal with his brother, Captain Peter c. Hains, for killing William E. Annis, counsel for the defense will call the parents of the defendant General Peter c. Hains and his wife, to tell of the men, tai condition of Captain Hains fol- lowing certain disclosures of alleged happenings at his home that caused a separation from his wife.
 The spectacle of the aged parents opening further the doors upon fam
 ly skeletons and telling of mental weaknesses observed in Captain liains, counsel for the defendant as sert, will be proof positive to the jury that the army officer was insane from grief when he shot Anns down.
 Thornton J. Hains will follow his parents on the stand if present plans of his counsel are carried out. This has been made necessary to bring out further facts regarding his broth CT which will be incorporated into a hypothetical question put to the alienists regarding Captain Hains's sanity. The defendant will probably not take the stand until Saturday or Monday.
 Lawyer Mcintyre, whose illness caused an adjournment of the trial yesterday afternoon, seemed much improved this morning, and counsel said he believed himself strong enough to proceed with the case with out further delay.
 Major Hains, resuming his testi- mony. told of a conversation he had with Captain Hains last June at Thornton Hains's house. The major said:
 Peter told me that he received some letters in San Francisco and had come to this city. He said he was unable to say how long it took him. Peter put his head in his hand and said, I cant think On his re- turn to Fort Hamilton his wife asked him why he had returned and Peter replied: You need me here, little girl Claudia told him the stories told about her were not true.'
 Major Hains wept as he related the story of his brothers return home from the west. The witness said that ill the evening Claudia called up Annis and Captain Hains invited him to dinner. The major said that Cap tain Hains, Annis and Claudia went for an automobile ride and they were arrested for speeding. Major Hains related that the next day Captain Hains saw his father, who said that Claudia had been away week and no one knew where she was.
 The next morning Peter asked his wife where she had been, . said Major Hains, and she replied that she had been in the mountains. The captain told her that he and his father were going to the mountains to see if it was true that she had been there. Claudia then confessed all. She said she loved Billy Annis and had gone with him to New York.
 My brother said to her. My God, Is it true?' What more he said or did Peter told me he could not re- member except that he knelt in front Of her during the night and pleaded with her Major Hains said that While his brother related his story his brothers face was drawn and his eyes stared.
 Major Hains said that his brother passed sleepless nights, declaring "If only could sleep. l have only slept an hour since l left Frisco"
 "From what you have observed of his actions and words would you say your brother was rational or ira 
 Most decidedly irrational" re- piled Major Hains, concluding his di- | rect examination.