The Birmingham age-herald., 1909-05-08
Insanity Experts Testify on Be-
 half of the State
HANS MAY 60 ID ASYLUM
If Defendant Is Acquitted Court May Deem 1t Necessary To Appoint Lunacy Commission To Inquire
 Into Present Condition.

Flushing, N. Y. May 7.-After breath- ing spell of tomorrow--tomorrow and Sun day-the Hains trial will reach the be- ginning of the end. On Monday both sides will sum up and unless some unforeseen delay arises Justice Garretson will charge the jury Tuesday morning.
 Most of today's session was taken up with the testimony of the states three ln sanity experts. They all expressed the opinion. predicted on the hypothetical questions prepared by the prosecution, that Hains was sane at the time he shot and killed Annis. MT. Mcintyre cross- examined the opposing alienists at length and he succeeded in drawing the admis- sion from each one of them that the facts. as set forth in the defense's hypothetical question, included symptoms of acute mania in the appearance and actions of the defendant at the time of the shoot ing.
 The belief prevails that If Captain Ha:ns is acquitted on the ground of insanity the court may deem it necessary to order a lunacy commission to inquire into his present mental condition This suggests though, of course, it is but surmise at present-the possibility of Captain Hains going the way of Harry Thaw to an in- stitution for the criminal1y insane.
 RebuttaI Witnesses.
 When court opened the state still had 10 witnesses on its list to call in rebut tai. Mrs. Annis Is among them. Dis trict Attorney Dewitt will call the states alienlsts as soon as the other witnesses on rebuttal have been exhausted
 District Attorney Dewitt today procured writ of habeas corpus for the appear ance as witness of John Sheridan. who IS serving sentence in Sing Sing for shooting man at Far Rockaway Sheri- dan was with Captain Hains in the Queens county jail and observed him for some time subsequent to the suooting.
 pr. Horace G. Haughton. the last wit ness called by the prosecution yesterday was cross-examined by Mr Mcintyre when proceedings were resumed today The witness attended Annis on the Yatch club boat directly after the shooting and tes- tihed yesterday that the captains speech and conduct at that time was rational
 Were you more interested in the dying man, or of observing Captain Hains?' asked MT. Mcintyre
 The witness said Captain Hains was
 
 and he had a good opportunity to ob- serve his conduct.
 Merle l.. Downs, a member of the Bay side Yacht club, and an eye witness. tes- tified that he heard the defendant say. q am the man. I did the shooting I am Captain Hains." He said the captain ap- peared rational.
 Message from Prison.
 Policeman Eugene A. Fallon testified that he saw Captain Hains at the Flush ing police station after the shooting, heard him give his pedigree at the desk and talked with him in his cell Captain Hains asked for a pencil and paper, and said he wanted to send telegram to his father. He wrote out the telegram and asked Fallon to send 1t. The district at torney put the telegram in evidence. It read:
 Gen. Peter c. Hains Quarters 15, Fort
 Hancock N. J.:
 Have shot Annis. Come to Flushing po- lice station. PETER"
 The witness described Captain Hains, appearance and conduct at the time as ra- tional.
 On cross examination, the witness said Captain Hains and Thornton, his brother, were in adjoining cells in the station, and that they had a conversation about send ing the telegram and Thornton also asked him for a' piece of paper and a pencil 1t was Captain Hains, however the wit ness said who sent the message
 Owing to the absence of some of the states lay witnesses, pr. Charles G. Brink of New York was called to the witness stand and Assistant District At torney Hetherington began to read the prosecution's hypothetical question, con sistng of about 5000 words. The reading of the question occupied about an hour. Dr. Brink qualified as an expert on men tai and nervous diseases. In reply to the Hypothetical question he said Captain Hains was sane, and knew the nature and quality of his act when he shot Annis
 District Attorney Dewitt has decided not to call Mrs. Annis to the witness stand and said the people would rest their case with tine testimony of the alienists