The Birmingham age-herald., 1909-01-05
In Dramatic Recital to Jury the Defendant Tells Story of
 Brothers Trouble
TIP ID BAYSIDE WAS
 ID TALK REAL ESTATE
Hains Declared That Neither He Nor Ills Brother Knew Annis Was at Bayslde When They Went
 Near the Boathouse.

Flushing, N. Y, January 4-Taking the witness stand in his own defense Thorn ton Jenkins Ha.ns, for over four hours today related with a wealth of detail the story of the shooting of William E. An his and of the conjugal troubles of Capt Peter c. Hains, Jr., that counsel as- serts caused the mental unbalancing of the army officer and led to the killing of the publisher on sight
 When court adjourned tonight Hains direct examination had not been con- cluded and he will likely be on the wit ness stand all day tomorrow
 Thornton Hains told his story in snappy, crisp sentences, that fell from his lips as soon as his counsel had completed an Interrogation.
 He showed no signs of nervousness and at times during the trial illustrated his brothers expressions and -fE ,earance when speaking of his wifes conduct, with dramatic inhe stion of voice and facial expression. 4 The defendant declared that when he went to Bayside to look at real estate on August 15 he had no idea that his brother was armed and that he did not
 
 He told the jury that all the shots had been fired by Captain Hains before he rushed to the float to protect his brother frorl John Tonning, the boatman, and the club members, whom he said he thought would harm the captain.
 Thornton Hains denied that he pointed a revolver at Mrs. Annis.
 The defendant stated that he had no idea how many shots Captain Hains had fired and when Charles Roberts, a club member, picked the revolver up and the muzzle of the weapon pointed at him. he drew his own gun and told Roberts not to shoot.
 District Attorney Darrin said he would probably take all day tomorrow to cross examine the defendant
 Testimony of Hains.
 In the portion of his testimony de- scribing events leading up to the shoot Ing Thornton Hains said:
 ''One night I was awakened by a crash on the door. My brother rushed into the room crying, I apologize. I have broken your door said to him, what. brings you here? and raising his hands above his head, he cried, Claudia has told me everything. You must help me :"
 ''He talked incoherently and tore his hair, All at once he jumped up and cried, It's all right; come on. we went to Fort Hamilton to see Gen. eral Hains and stayed all day"
 Thornton Hains said that another day his father asked him to get lawyer, as Claudia Hains had made second confession to her husband.
 MT. Bennett the lawyer, came." said the defendant, and all went into the house. Mr. Bennett told Mrs. Hains that he was present to interroyate her with regard to statements she had made in the morning
 The testimony of the defendant corrobo- rated the details of the confession and of its making as told last week by General Hains.
 After the confession" continued the defendant T took my brother home That night he walked the floor till daylight. He cried out frequently that his home was destroyed and his children disgraced forever"
 Brothers on Broadway.
 Witness said that he took his brother to Manhatt>h one day and while crossing Broadway Captain Hains stopped sudden ly and cried out "Annis," the defendant eaid he led his brother away, telling him the man he saw on the street was not Annis.
 What did your brother say at that timer"
 .'Captain Hains said, I don't know what the matter is with me. can't con- trol myself when see that man. '
 At the time of the service of the cross bill, MT. Hains said, the captain threw up his hands and cried, 'Im soldier and . man. He has killed me. He has ac- cused me of awful things. l will not live"
 The defendant told of his real estate negotiations as previously testified to by Ar. Jesperson and Mir. Bugg
 He said that MT. Jesperson had told him that he could be found any Saturday at the Bayside Yacht club or Douglaston. erty at Bayside and building bungalow. He had discussed his plans with Charles R. Weaver.
 "On the night of August 14," said Thornton Hains. T tied up the motor boat at Sandy Hook, because of the lack of gasoline. and Captain Hains and myself came to the city on Q government tug. The next day my brother and started to go to Sandy Hook to get the boat" Hains said he and his brother met Dr. Weaver at Brooklyn bridge and they started for Sandy Hook. Welt To Bayside.
 Hains said that Weaver baked at going to Sandy Hook and suggested that they go to Bayside to see the lots. there, where upon all three went up town for luncheon Hains said that at the station Weaver backed out of making the trip to Bay side.
 .I bought two round strip tickets to Bayside," said Hains. T intended to return from Bayside."
 "Did you know when you started for Bayside that Annis was a member of the Bayside Yacht club ?''
 "I did not"
 when you left New York, did you know that Annis was at Bayside?" T had no idea where Annis was that Cay"
 At the depot at Bayside." continued fNA witnsss. T spoke to a boy and