The Montgomery advertiser., 1909-01-08
at I2 o'clock. having been witnsn for three days.

at 12 o'clock. having been witnsss
 Phy.scssn is CaIlsa.
 pr. Clarence N. Piatt, physician at the Long Island jaii. followed the de- fendant on the stand. He testfnsd that he visited the jail and attended CAp- tain Hains, but on o9s:cslon % of the sns nas pss- mitted to tell of his obssrvations of
 Justice Crane ruled that captain Hsins was the only one who had the right to name his physician's priviiegs. Mir. Mcintyre then, said he waived the privileges for Captain Hains.
 The court told counselA he would take to look up their authorities in support of their position. A recess was taken.
 When court convened neither counsei on either side or Justice Crane had been able to find any books in Flush ing which had a bearing on the points desired in relation to the waiving of . physician's privilege.
 Dr, Piatt said he had examined Cap- tain Hains at the instance of the Dis. trict Attorney. the third day he was In jail.
 He looked pale, weak and thin.''' said the doctor "EIe seemed distress ed. His eyes were cast down and he was quiet. I saw him three days later" r4E .5.@e
 T visited Captain Hains on Septem- OCT 10. and he leaped out of bed and threatened to strike me" Dr. Platt was not permitted to say whether in his opinion Captain Hains was insane or not.
 MT. Mcintyre recalled District At torney >Darrin to the stand and asked him if he had procured q report from Dr. Plat on Captain Hains mental condition. sNsf second Aliemist Called Objection was sustained, and coun- sei for Hains called Dr. l.. s. Manson alienist.
 Dr. Manson qualified as an. expert on mental troubles. He said he< had | examined Captain Hains. but did moi go there to treat him. pr. Manson said that on September 5. he visited | Captain Hains.
 ..He did not speak to me-" said pr Manson. T asked him how he felt and he replied In a low tono; lVerJ we'll and relaxed again, "e The alienist described with much medical detail the symptoms captair Hains displayed and of the tests ht applied. The physician said he De 1 1ieved Captain Hains insane. | The witness told of the subsequent visits to Captain Hains and said tha during the latter part of October h' | showed signs of improvement.
 "Did you make an examination o him in october?"
 | Yes"
 After the witness had been permittet | to relate the conversation he had hat | with Captain Hains on October 1, thu District Attorney asked that part o the Testimony be stricken out and thu l court SO ordered.
 | From what you saw on the frs I examination of Capt Peter Hains, a | you testified here. would you say tha | he was sane or insane7"
 T would say he was in state o | melancholia.
 The alienist described melancholis and how it was generally produced.
 MT. Mcintyre then read the hypo thetical question, which embodied al the facts adduced in this trial regard ing Captain Hains. He asked tn l alienist, assuming all the facts relate, in the interogations to be true. Il, Cap tain Hains was insane or not at tn, time of the shooting. s49 -, :.
 "He was insane" said pr. ; Manson The aiienist said that in his opiniel Captain Hains on, August IS suffere, from impulsive insanity. The allenis said that following the lrimpulsiye in sanity" the Captain suffered from mel ancholia.
 Mir. Mcintyre efanted to deveio from the aiienist that Captain Hain was not now able to become a wit ness. sss
 The, court excluded the question. pr. Manson said that Captain Haini condition at the time of the shootin, was such that he could not oomprehenI the nature of his act,
 District Attorney Darrin took up tii cross examination of Dr. Manson, bu had only asked question or two whel court adjourned until tomorrow.