Evening star., 1909-04-19
CAPTAIN in Court ADpears
Broken in Health.
SAT IN BROTHERS. PLACE
Prisoner Takes Absolutely No Inter.
est in Proceedings.
MOTION TO DISMISS DENIED
No Jurors Obtained Up to Time Of
Recess-Thirty Witnesses Called
for the Prosecution.
Special Dispatch TO The star.


FLUSHING. L. l.. April 1e.-The triaf
Of Capt. Peter Hains for the murder OF
William f. Anns began here this morn
ing. Capt Hams was taken from the
jail at Long Island City and brought here
in charge Of Under Sheriff Phillips and
Warden DebragYa. The journey from
the Jail was made by trolley car to within
six blocks OF the courthouse. where the
car stopped and the trio walked the re.
mainder OF the distance to the court.
The captain has changed greatly. His
face is thin and sallow. his eyes dull and
expressioness. Since his arrest he has
grown a thick black beard. He was
smooth shaven at the time of the inquest.
Capt Hams took absolutely no notice
OF the attention he attracted in his march
through the village streets. He preserved
stony silence his eyes staring straight
ahead, his unfettered hand In the pocket
of his long gray ulster. Whatever may
be said on the question OF his sanity. he
| certainly seems to be a sick man. Gen.
Hams. his father. who preceded him into
| court. said: 1T Is my firm belief that
my boy is dying. do not think he will
live six months / base that opinion on
his general appearance and the interviews
have had with him. Sometimes he
| seems crazy as a loon. while at other
times he Is not so bad. Ho is easily
excitable and all broken up
Sat In Thornton's Place.
The prisoner was taken to a room on
the first floor Of the courthouse usually
occupied by the bureau OF highways. Just
before 10 o'clock he was led into the
courtroom on the second floor. and sat
tAA
months ago by his brother Thornton.
Capt. Hams never said q word as he
encountered his father and his brother,
Maj. John Hains. Thornton Hams was
not present. The defendant sank list
lessly into q chair and took absolutely no
interest in his surroundings. He crossed
his legs. and his fingers played inces-
sanity with his hair.
District Attorney Frederick Dewitt -
Hetherington and former District Attor-
ney George Gregg. He said he had twenty
| five or thirty witnesses to call and had
| retained three alienists to combat the
| insanity defense.
Justice Garretson sent for the attor-
| neys on both sides at 10 o'clock and held
| q consultation with them in his chambers.
| Capt. Hams, who preserved the appear
ance Of man who did not know for
what purpose he had been called into
court, stared abstractedly at the floor and
kept up the incessant playing with his
HAIR.
He bestowed no more notice on his rela-
| tives than II they had been strangers.
His father sat at an adjoining table and
Maj. Hams engaged In conversation with
| the warden.
Examining the TaleKmen.
Justice Garetson. who looks not unlike
Gen. Hams. with his gray hair and mus
tache and kindly face. ascended the bench
| at 1920 o'clock and the clerk called the
names OF those summoned on the jury
panel.
Mr.. Hirsch Of counsel for the defense
| made motion to dismiss the Indictment
| at 1875 o'clock. 1t was about the same
motion as that made at the prior trial
tion OF talesmen then began.
jurors had been selected. although fifteep.
had been examined.
| Throughout the examination Of the
prospective Jurors Capt. Hains continued
necessarily TO twirl lock Of his tair.
| moving nervously In his seat from time
! to time He held handkerchief m mis-
left hand, upon which he rested his chm.
| With the other arm crooked orer ms
head he ran his fingers through me. locks
| of his hair. II he understood what was
| going on he did not show It.
| Now and then he watched the Judse
| or the talesmen, but for the most part
his eyes, half closed. were directed aim
| lessly on the desk at which he sat-
AS the examination went on the veins
ON the side of his forehead stood out
more prominently, accenuating his prison
pallor and his look Of general Ill health.