The Montgomery advertiser., 1909-01-10

that 1t is not Captain Hains's hand- writing"
 "Overruied.- said Justice Crane sharply, and Prosecutor Dsrrin read the paper to the jury as follows:
 General Peter c. Hains--Have shot Annia Come to FiushinE police sta- tfon. ~.
 o6icer Falion said that Captain Hains told him what he wanted for supper and that he and hls brother ate together aad had conversation. From what he heard and saw. Fslion said. he thought Captain Hsins was ration al.
 MT. Mcintyre on cross examination directed Falion to write on a piece of paper the message of Captain Hains to his father. Counsel dictated the con- tents of the message.
 The witness was directed to write "E. A. F." on the top of the paper. Fallon identified the initials "E. A. F." on the message and the defense's law yers offered Fallon.s copy of the mes ! sage In evidence.
 T now ask the jury to inspect both the message and the copy" said Mir. Mcintyre. handing the paper to Fore man Hill. This was for the purpose of showing that the two papers were written by the same hand. The jurors carefully compared the original and the copy,
 = Club Members Testify.
 Frederick Leavitt, a club member, was recalled and swore he did not see John Tierney on the float at the time of the shooting.
 Well. you ran away, did you not at the time of the shootingT asked MT. Mcintyre in cross examination.
 "Yes." That's all" said Mrs. Mcintyre.
 The prosecution called other men- bers of the Bayside Yacht Club who testified that they did not see John Tierney on the float.
 The club meiAbers further denied statements which Thornton Hains tess tlfed he made at the time of the shoot ing. They also characterized the speech of Captain Hains as rational.
 Charles Roberts, a club member, re- called. testified:
 T pulled Annis from the water. had . short conversation with him. went over and picked up a piece of sail then walked behind the brothers and picked up the revolver"
 Thornton Hains swore that Roberts picked up the revolver when 1t was knocked from the captains hand by John Tonnlng as the last shot was fired and that 1t was then that he drew his own revolver.
 After several other witnesses had been examined, all of whom denied that they had seen Tierney on the float. recess was taken.
 After recess. David c. Bennett, the attorney who drew up the Claudia Hains confession on May 31, 1908. was called. The prosecutor said he pro- posed to show that Thornton Hains wrote Captain Hains to return from San Francisco. Justice Crane ruled that only testimony relevant to the confession might be given. Mr. Me- mtyre' protested against the introduce tion of the evidence, but was over- ruled by the court.
 Mir Bennett said that on May 31, he called at Captain Hains home and saw Mrs. Claudia Hains. Captain Hains. General Hains and the defendant. The witness said letter was shown him which had been written by the de- fendant to Captain Hains, but lie was not permitted to state the contents of the letter. Mir. Bennett said that he conferred with Captain Peter c. Hains.. Justice Crane said he would oxerrule further questions along this line.
 At the point Mir. Darrin told the court that he would like an adjourn ment, promising Justice Crane that he would close his case within an hour or two at the most on Monday. The re- quest was granted and the court ad- journed until Monday.