The Montgomery advertiser., 1908-12-22
USED TW'EAT TO Ms ;. ANNIS She Testifies Against I. J. Hains. SAYS HE MISTREAIED HER The Story of Murder Told at
 FIusbing. Trial cs Army onesrs Brsthsr Drass AIsnS--w -ws.nesses Tell ef sAs
 Death of naiser
 Annfa
kYS HE MISTREATED HER

Flushing, W. F.. Det., s1-The trial of Thornton Jenkins Hains reached e climax of dramatic intensity today when Mrs Helen E. Annis. widow Of William E. Annis. in | deliberate re- eitai iaFtirg for nearly three hours. pictured the killing of her husband, as he sat at the tilier of his boat. by Captain Peter C. Hains. Jr.
 Mrs. Annis nearly tainted few min utes before her examination vase ciuded- She dropped in her chair. but quickly recovered after drinking a glass of water and smelling of q vial of salts.
 It was hard day for defense ana counsel for HaIns was exhausted from the ardous s-examination, which was directed toward the states witt nesses. in an effort to shake their tes- timony. Thornton Hains lost much Of the nonchalence that has characterized his manner in previous sessions. When led from the court this evening by two deputy sneFEffs the prisoner appeared detscted and earsworn.
 Garbed tf black cloth salt and wearing a wide klhring hat that cast shadow over the upper part of her face. Mrs. Annis made an impressive figure on the witness stand as she told in quiet tones her story of August IS. at the Bay Side Yacht Club. sev- eral new points of evidence added dramatic interest to the trial
 When Annis came alongaidesthe float. the widow testified. Thornton Hains beckoned to his brother. and led the way down the runway The shooting followed within a few minutes.
 Lawyer Mcintyre sought to discredit the gbeckoning episode which the state asserts proves that the author Induced the army captain to commit the crime and kept Mrs Annis on this point under crosa-examination for nearly half an hour.
 Halns coanse1 developed that Mrs, Annia had Rot told pletrict Attorney narrin fiiat tho defendant had beckOn- ed to his brother until last week T ran down the runway ana Thorn ton Hains pointed his revolver at me- she said. T turned to go back and he pressed the weapon against my back. saying, you get out of here or you will get the same.' ran up the runway and, looking back, saw my husband fall into the water.
 So said Mrs. Annis. in relating her story. and this new evidence the law yers for Hains struggled yainly to dis credit 1t.
 Another important witness today was Charles H. Roberts, Bay Side Yacht Club member.
 A sensation was caused in court to- day when it became kno VII that Dis- trict Attorney Darrin, angered at the comments made on his conduct of the case, prepared to withdraw from the sriai and tender his resignation from oIf1ce last Saturday. Mir. Darrin said: T wanted to withdraw. summarily from the case because of the comments made by the court, press and public on the way I have handled this case. but have been persuaded to continue the prosecution and not resign from oflce. as intended.'a
 C. H. Rebertu Testsaes.
 When the trial opened today Charles II. Roberts. a member of the Bayside Yacht Club took the stand He said he went to the club with Mrs. Annls In the stage on the afternoon of Au- gust IS.
 MT. Roberts said he saw the defend ant and his brother, Captain Hains at the club together with the club mem bera who were on the dock and float when Annis was killed.
 Mf. Roberts said:
 s'Afr. Funke and the two Andrews wsfo in their boats at the float when the shooting took place. did not see the IIains brothers before the first shot was fired.
 T was standing near ehe ganEWay when observed Annis and Hilfs boats coming towards the dock. The boats were coming alongside the dock when I heard a shot and Mrs. Annis scream Look out. WILL
 T started across the float toward Captain Hains who was in a crouch ing position. 1t was then that Thorn ton Hains stepped in between us and pointing a revolver in my face. said:
 "'Keep on; keep of. or will kill
 MT. Roberts said that Captain Hains was about three feet arom Annis.
 T stopped when Hains pointed tho gun In my face and saw Annis staggor and fall into the water. I pulled him out of the water. Annis was placed on the float. The defendant was six or seven feet away. After the first shot I started across the dock and the pistol was then pointed in nay face and was held there until the firing was over"
 After the shooting the Hains broth CTS moved over to the other side of the float. said Roberts, and defendant lit a cigarette and the captain lighted a pipe. Captain Hains opened a cara ease and handed out a card.
 Roberts sid:
 T said to Captain Hains: The army l The defendant said he wanted to ex- plain and I told him I did not want any explanations. I told Thornton HaInB: You are as guilty as your brother, You prevented us from stop ping the shooting. and the defendant replied: What could do? He is my brother
 The witness said that Captain Hains took his brothers wrist as if feeling his pulS'1
 'aThere was a move on the float and MT, Stephens said to the defendant that lt should have been settled with nsts, and Hains said: It is evident that you were not born in this country e T asked the Hains brothers If they wanted to commit such crimes why they did not select some place where women and children would not see it and the defendant replied: I am as sorry as you are. I have been trying to keep him from doing it for some time
 "The defendant asked # he could