Evening star., 1909-04-30
Gen. Hains Again on the Stand
in Murder Trial.
EFFECT OF "CONFESSION"
Brother Of Defendant Follows Father
as q Witness.
ADM0NITION FROM THE COURT
Reproved for Shouting an Answer.
Tells Of Strange Actions by
the Captain.

FLUSHING, y. Y, April 3O.-Cross-ex-
animation of Gen. Peter C. Hains. father
Of Capt. Peter c. Hains, jr.. who is on
trial here for the killing of William f.
Annis. was resumed by District Attorney
Dewitt when court opened today. The
district attorney picked up the thread
of the witness story where he dropped
it yesterday and asked him about the
alleged confession of the captains wife
to her husband. At that time, the wit
ness said. the captain appeared irrational.
Gen. Hams stated that his son had
talked nationally about the children and
about some things which he had brought
from the Philippines and intended giving
to his wife.
Calls Attention to Variance.
Referring to some Of the exclamations
the witness testified the captain had
made, the district attorney called the gen.
erals attention to a variance in some Of
them from the way the witness repeated
them yesterday.
Mr.. McIntrye interposeed an objection
at this point and said:
1T is not what a crazy man says that
is important. but the way he says 1t.
did you consider the captain rational or
irrational?" asked the district attorney.
Irrational" replied the witness.
Gen. Hams was closely questioned by
the prosecutor regarding various actions
OF his son after the captains return
from the Philippines and prior to the
shooting. Some had impressed the par
ent as irrational. while others appeared
rational enough.
Pleads Lack Of Memory.
On few points Gen. Hams pleaded
lack of memory. and the district attor-
ney accused the witness Of shielding
remember Judge Garretson remarked
to forget now and then.
Replying to questions by the district
attorney. Gen. Hains described Capt.
Hams visit to Fort Hancock in motor
boat with Thornton j. Hams on the day
before the killing Of Annis. Gen. Hams
said he could not remember what the
captain said that day.
A question whether officers of the
United States army on furlough were
allowed to carry arms was ruled out.
This finished the cross-examination Of
the general
Thornton Hams Testifies.
Thornton ]. Hams. the captains broth
er. was the next witness. He was with
his brother at the time Annis was shot
at the Bayside Yacht Club. was indicted
and acquitted three months ago. He told
the Jury he was a sailor and a magazine
writer.
On Sunday morning. May 81 last, the
witness said, he was aroused from bed at
home by his brother clamoring at the
door.
Il let him in, the witness continued.
land he rushed by me waving his arms
and shouting: its all right; l apologize;
it's all right
The witness shouted the answer at the
top OF his voice. and Justice Garretson
admonished him. The witness said his
shouting: Claudia has confessed an
it's all right: l apologize. How happy
am to be married"
The witness said he could not get the
captain to explain then what he meant.
Gait shufhing, Face Pale.
Thornton Hams related incidents which
occurred at Fort Hamilton, In describing
which he characterized Capt. Hams ac-
tions as irrational.
when we reached the fort the wit
ness said. II walked the captain from
quarters to the twelve-inch battery. His
gait was shuff1ing and his face a $ white
as chalk. He kept saying: oh. my God +!
What have l done? How can l stand
it?"
The witness said DR.. Wilson was
called to attend the defendant and pre-
scribed sedatives.
Defendant Breaks Down.
At the opening Of the session yesterday
afternoon Gen. Hains resumed his testi-
mony tending to show that Capt. Hams
had been of peculiar mentality all his
life. and that the so-caled confession o;
Mrs. Claudia Libbey Hains drove him
to insanity.
Attorney Mcintyre succeeded In having
admitted the alleged confession and let
ters written by Mrs. Hams to her hus-
band and Anns.
While Mr. Mcintyre was engaged In
the reading of the document called Mrs.
Hams confession the defendant broke
down completely, and the lawyer had to
stop several times on account of his emo
tional interruptions.
Under the courts new ruling Mr. Nc
Intyre asked the witness II he had wit
messed the signing of the alleged confess
sion of Mrs. Hains, and he replied that he
had He said that few days later he
took his sons three children to WASH
inRton, where they could be under the
care OF their grandmother, the witness
wife.
Conduct Was Irrational.
Gen. Hains said he thought at the time
that Capt Hams conduct was irrational.
4 few weeks later when his son went to
Washington to see the children the con-
v,ction that his mind was unbalanced be-
came firmer.
Gen. Hains said that August IA, the
day before the murder at the Bayside
Yacht Club he met his son and found
him still more irrational than on former
occasions. He said the captains eyes
were bulging and strangely brilliant,
while the muscles of his face tWitched.
His speech was disconnected and unlike
that Of a man I'm the full possession OF his
senses.
Gen. Hains was on the stand when ad-
journment was taken for the night.
Orders Thornton Hains to Leave.
One Of the dramatic incidents Of the
day grew out of the appearance of Thorn
ton Hains brother of the prisoner. in the
courtroom, I'm defiance Of the orders Of
John F. Mcintyre, chief counsel for the
defense. Mr.. Mcintyre had made it ex-
plicit that Thornton should not enter the
trialroom until he was needed as a wit
ness. He also directed that he was to
leave the moment the taking of his testi-
mony was completed.
1t was just at the opening of the
afternoon session that Thornton entered
the courtroom through a rear door. He
first sat on bench near the door, but as
the trial progressed, he arose, walked up
the aisle, passed through the railing gate,
entered the lawyers inclosure. and calm
ly took a seat nearby, with Police Capt
l. 1. u