New-York tribune., 1909-04-19
aaTNS on TRIAL TO-DAY
Irrational Insanity To Be Defence
= Man Who Shot ". E. 4nnis.

.i. Peter {. Hains. jr-, son OF General
4 retired. VIII be placed on trial for
hA--g ,o-ssv for the staying, at Bayside. Long
rs h - August 15. 1903 Of William E Annis.
lssnl l-s-ret J Garretson viii preside in the Su-
9'sll. ~orrt over the trial. which is expected to
g'sn- four TO six weeks. The prosecution viii
Es orr effort to proving that crime was
oHs1 - that Captain Hams was sober and sane
coa- ,he crime was premeditated. In no re-
&" III -Fa trial Of Captain Hains be replica
81. =, his brother who was charged with be
O. lD-' r,assor,- before the fact save only in the
y termination Of the eyewitnesses.
&C Carre1son has ordered several extra
- 4sles-nen The selection of jurors IT is
81 MIL be difficult task. With the example
.---o7 J FIains fresh in his mind. District
- frederick 9. De Witt viii examine all
A.3--s closely regarding their views on the un-
=, law John F Mcintyre. chief counsel for
-. - t4ains. vii be content with twelve as
-. I;.e The Jurors who tried Thornton ] Hains
ifr,a He expresses confidence In gaining an
= ., for his client upon the ground OF emo
-, ,res-iry at the time Of the shooting and
-. ,,nv-ritten law. to which direct appeal
~ made Il the defence finds itself in extrem-
- he end OF t1- trial
As..f,- Attorney De Witt will be assisted by ex-
- Arro-nev George 4. Gregg. who has been
.-s5 as special prosecutor: by Assistant District
...-,sv Denis O'Lea~y and by a corps of other
s.,ts Mr. Mcintyre viii have as his as
- F,1eene X /. Young Joseph H. Shay.
- : F4irsch and Thornton and Major John P.
- hro-hers OF the defendant These last two
= sv,erted TO render valuable assistance TO
-..in F5sins IS Major Hsins did Thornton in
=. ,s,te-'s trial and Mr.. Mcintyre considers their
- = shopld be placed among the senior counsel's
a..er7e General Hains and his wife will be In
= -,,o and viii both take the stand in de
g.. of their son. It has been said that Captain
u.tes's three children will be present at HIS
.-,I hut LAWYERS who know Justice Garretson say
!. vn permit no such thing. although it would not
: without precedent
zrssm z Arnis shot while in small sail-
,.,,s- the Goat Of the Bsyside Yacht Club by Cap
- Eains Captain Hsins emptied a modern
,,srne r1fstoi. infficting many wounds. Annis
- mo The water. was pulled out by some club
-- snd died that night at the Flushing Hospital.
-su--;on ! Hains. who had journeyed with his
b-rbsr 10 Bayside 10 look at real estate he said,
u 10 the feat when he heard the shooting He
sez 2 revolver and threatened TO kill any one
Eao aid not stand back
-be star witness for Thornton J. Hams. after
sf-seF was John Tierney the ashman, who was
q he Hoa1 during the shooting. He swore TO the
-,,55jty CT The shots and that Thornton was not
n tie float until after The shooting Tierney died
-sosntlv in the Flushing Hospital. An effort viii
~ made 70 have the testimony given by him at
7Rs-nton ! Hains's trial read at that OF Captain
Esns
Il was learned yesterday that. unlike the jury in
tie trial Of T jenkins Hams. the men chosen 10
tY CAPTAIN fiains are 10 be kept locked up Gar
fssn's Hotel. al WiIIets Point. has been selected
IS The place where the jury Will be lodged. The
ts;el j about three miles away from the court
horse in Finishing and a big stage automobile has
ben engaged 10 carry the jury hack and forth.