The Montgomery advertiser., 1909-01-01
AGED MOTHER ON THE STAND Judge Touched by Wo- mans Tears. CAPT. HAINS'S EARLY LIFE Described as Afflicted and Delicate
 Child. His wife's shame preyed Upon His Nina Untn He Became Irra-
 tional-Darrin to Con-
 tfnue h Case.
CAPT. HANs's EARLY LIFE

Flushing, N Y., Dec. s1.--with the conclusion today of the testimony of Major John Hains in behalf of his brother. Thornton J. Hains. now on Capt. Peter c. Hafns. Jr.. for killing Wm. B Annis, counsel for the defense called Mrs. General Hains to the witt nes stand.
 Mrs. Hains broke down. After q short interruption she resumed her testimony. Justice Crane instructed District Attorney Darrtn that he can of office expires at midnight tonight.
 Major tHains. resumfng the witnoss stand when court opened today. told of Captain Hains' conduct in June last when informed of the alleged miscon- duct of his wife. The Captain. accord ing to the witness. could neither sleep nor eat. and said he could not think. Hains had been away from home for e week, { witness said Captain Hains asked her for an explanation. At first she said she had been to the mountains. but later admitted that she had been to New York with Annis, and that she loved @Biily." All that night Captain Hains told the witness he spent pleading with her.
 From what you have observed of his actions and words, would you say your brother was rational or ira ttonal?"
 Most decidedly irrati9nai." replied Major Hains.
 On cross examination. Major Ha:Bs related the conversation that was held the West. in which Captain uasns di- vorcs from sllis wife was discussed By she defendant. Captain Hains and the witness. Major Hains said Captain Hains appeared to be speaking from a badly shattered memory. bit-svas fully conscious of what heswas ssying.
 Major Hains said be~saw Captain Hains in the Long Island faii after the
 T said to Peter. How. did xou get in here.' He stared at me and said, I don't know. He was very excited. I cannot recall the conversation that we had. I know we only looked at one another"
 When Major Hains concluded his tes- timony, Justice Crane excused the jury for brief recess and after they had left the room the Justice took up with MT. Dewitt, whose term as District Attorney of Queens County will be- gin at midnight. the question of car- rying the pending trial to fits conciu- sion.
 Justice Grant. pointing out to Dis- trict Attorney Darrin the fact that his withdrawal at this time would result in ending the case against Thornton IIains, as under the law no man may be twice put in jeopardy for his life. directed him to continue the prosecu- tion to the end of this trial. Mir. De- witt also was directed to appear in court every day. | s,.rx lan tn hal seats and Mrs. Gen. Peter c. Hains. mother of, the defendant. took the stand.
 Aged Mother weeps.
 Dressed in deep black, which con- trasted sharply with her almost snow white hair. Mrs. Hains was led to the witness stand by Major Hains. In a voice almost inaudible. she told of the childhood of Captain Hains. Tears came, and putting her handkerchief to her face, she wept for several min utes. Justice Crane spoke to her quietly, telling the mother to calm herself and take her own time.
 Ngu Hains ssaid that Peter was . delicate child and there was little he had ear and eye trouble and when about years of age. fell on his head. Mrs Hains said that when she saw her son in June he seemed worn and haggard. She broke down again dur ing the recital Of her story. most of which the jury could not hear because Of the low tones in which she spoke. Mrs Hains said:
 My hoy put his arms around me and cried. My poor mother, what fave I done that she should have dissraced me-
 T noticed spells of silence and then he would hide his face in, his hands. INIf pire and made comparisons with the women in the poem and hfs wife. He read the poem often and sometimes he sang an air from Il Trovatore, and vaudeville songs.
 Mrs. Hains said that her son visited hersfor week in Washington, and all during the visit, she noticed tho strange signs in Connie" pct name for Cap tain Hains.
 MT. Mcintyre said he desired to show an insane tendency in Captain Rains by asking the witness If she had suffered from nervousness and hysterical trou- bIe Justice Crane would not permit tho interrogations in the form put by coun sel.
 She was permitted to say that sh, had suffered from hysteria.
 "When Connie was in Washington what did you tell Thornton to do?' "I told Thornton to take care or con nic' and stand by him" ,"From your sons acts and what h has said, do you consider him rationa or irrational?'
 .I consider him irrational" said Mrs Hains.
 Generni BAins TesfiAes. | General Peter C. Hains. United Statei | Army retired, father of the defendant | was the next witness. He is 6s year.
 Spid you know of what your father
 .Yes, he died of insanity in 1891 ol
 .General Hains said that a year be. tace his father died, his speech wal incoherent. Replying 10 question oi (Continued on Page FiveI