The Birmingham age-herald., 1909-05-07
DEFENSE RESTS
 IN HANS TRIAL RebuttaI Witnesses Are Heard
 During the Day SlR CREATED IN C0.RT Counsel Mcintyre Asks Army Officers What Authorization They Had To Appear Against Cap
 tain Hans.
S l R CREATED IN CO-RT

l Flushing. N. r., May 6.-The defense had rested its case and the prosecu- ] ton was well along in examining wit ! nesses in rebuttal when court adjourned i today in the Hains trial. The rebuttal witnesses for the state were principally army officers who had been stationed af Fort Hamilton and Fort Hancock during June. July and August. 1908, and had met and talked with Captain Hains at that time.
 Their testimony tended to controvert that of the army witnesses for the de- fense. in that they all said Captain aims spoke and acted rationally a short time before the shooting on August 15 last. when the defense contends he was suffering from manic depressive lnsan- ity."
 The weight of the army officers tes- timony as to the nationality was partly eoanterbalanced by their admissions under cross examination that Captain Hains had acted in nervous and ex- cited manner and look ed pale and wor- ried.
 John F. Mcintyre. chief counsel for the defense. created a stir in court by questioning the army officers as to what military authorization they had for ap- bearing as witness against Captain Hains. He brought out the fact that Capt. Henry W. Torney of Fort Han cock had an order signed by Colonel Hestand. adjutant general of the de- partment of the east, directing him to appear at the trial. MT. Mcintyre en- deavored to show that other officers had received the same orders from Colonel Heistand and asked Captain Torney if he did not know that i'll feeling existed between the colonel and the Halns fam fly. Captain Torney was not permitted to answer, but 1t was evident that the defendants counsel wished to show that there was feeling against Captain Hans in certan army circles.
 Drs l., Samuel Manson. Arthur c. Brush and Pierce Clarke, the trio of alienists for the defenses were disposed of at the morning session. They all testlhed that the defendant had suffered from maniac depressive insanity since last May and experienced a sudden attack of 'impulsive insanity" which rendered him
  killed Annis. They declared Captain Hains' form of insanity was curable- and that his condition had improved since last November.
 At the opening of court the district attorney resumed his cross examination of Dr. L. g. Manson, the alienist who testified yesterday for the defense. Dis trict Attorney Dewitt explaining to the court that he did not consider Dr. Man son having qualified as an expert. He said he would concede that Drs. Clarke and Brush, the other alienists for the defense were qualified experts and lis cross-examination of them would conse- quenty be much shorter
 When Captain Hains stood on the yacht club platform at Bayside with fold ed arms looking out over the water and then grabbed the boom of Annis' boat and shot Annis to death, what kind of insanity was he suffering from at that tfme?" asked Mir Dewitt.
 With impulsive insanity" was the re- ply.
 At just what time did the impulse seize him?" asked the district attorney.
 "I can't tell no one can,'' replied the witness. Tt probably was when he first heard the name 'Annis.'
 Dr. Arthur c. Brush was called and qualified as an expert on nervous and mental diseases. Predicating his opinion on the hypothetical question In connec- tion with his own observations, witness said the shooting was an impulsive act of manic depressive insanity. With only one more alfenist to be called before the defense rests Attorney Gen eral Dewitt marshalled his witnesses In rebuttal at the recess today. There are about 20 of them, including Mrs. William E. Annis and eight army and navy men who have known the dependant for many years.
 Dr. l.. Pierce Clarke, the last of the trio of alienists for the defense, testified that the defendant was insane on August 15. when he shot and killed Annis.