Evening star., 1909-05-07
Witnesses Tell About Capt.
Hains After the Shooting.
CALLED ON FOR REBUTTAL
DR.. C.. G. Brink Is Asked q Long
Hypothetical Question.
READING OCCUPIES AN HOUR
Expert Declares That Prisoner Was
Sane at Time of Tragedy and
Knew His Act Was Wrong.

FLUSHING. y. Y. May 7.-Anticira-
tions OF possible further developments
regarding the feeling In army circles over
the case OF Capt. Peter c. Hains. jr..
suggested by yesterdays testimony or
army officers called by the prosecution.
stimulated interest In today's proceed
ings at the trial Of Capt Hams for the
killing OF william +. Annis.
When court opened today the state still
had fifteen witnesses on its list to call
in rebuttal Mrs. Annis is among them.
District Attorney Dewitt will call the
states alienists as soon as the other wit
nesses on rebuttal have been exhausted.
District Attorney Dewitt today pro-
cured a writ of habeas corpus for the
appearance as a witness of John Sheri-
den, who Is serving a sentence at Sing
Sing for shooting man at ar Rock
away. Sheriden was with Capt. Hams In
the Queens county Jail and observed him
for some time subsequent to the shoot
ing.
DR.. Horace G.. Houghton. 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 yacht
club float directly after the shooting. and
testified yesterday that the captains
speech and conduct at that time were ra-
tional.
"Were you more interested i'm the dying
man or in observing Capt. Hains?" asked
Mr.. Mcintyre.
The witness said Capt. Hams was walk
ing UP and down the float near him, and
he had a good opportunity to observe MS
conduct.
Hams After the. Shooting.
Edwin Andrews, jr, an eyewitness of
the shooting. who testified for the state
on the direct presentation of the case.
was recalled. In answer to the district
attorneys questions. Andrews said Capt.
Hains appeared rational after the shoot
ing.
Charles H. Roberts, another eyewit-
ness, was recalled. and described the de-
fendants conduct as rational Merle =.
Downs. a member OF the Bayslde facht
Club. and an eyewitness testified that
he heard the defendant say: Il am the
man; I did the shooting. am Capt.
Hams" He said the captain appeared
rational. go
Policeman Eugene A. Fallon testified
that he saw Capt. Hains at the Flush-
ing police station after the shootinc'
heard him give his pedigree at the desk
and talked with him I'm his cell. Capt;
Hams asked for a pencil and paper. and
said he wanted TO send telegram 10
his father He wrote out the telegram
and asked Fallon to send IT. The district
attorney put the telegram In evidence.
II read: Gen. Peter &. Hams. QUAR-
ters IL, Fort Hancock. ". J. Have shot
PETER"
The witness described Capt. Hams
appearance and conduct at the time as
rational.
On crosS-examnation the witness said
Can't. Hams and Thornton. his brother,
were in adjoining cells at the police STA
tion, and that they had conversation
about sending the telegram. and that
Thornton also asked him for paper and
pencil. 1t was Capt Hains. however, the
witness said. who sent the message
Expert Answers Question.
Owing to the absence of some OF the
states lay witnesses, DIR. Charles q.
Brink Of New York. was called to the
witness stand. and Assistant District
Attorney Hetherington began to read the
prosecutions hypothetical question, con-
sisting of about 5000 words The read
ing of the question occupied ABOUT an
hour DR.. Brink qualified as an expert
on mental and nervous diseases.
The witness was formerly connecteo
with the Manhattan State Hospital for
the Insane. and is now an exper. aheh'
In reply to the hypothetical question,
he said Capt. Hains was sane and knew
the nature and quality of his act. am
that 1t was wrong when he shot Annis.
Cant. Hams simply displayed an emo-
tionaI outbreak when he shot Annis, the
physician said.
On cross-examination. DR.. Brink said
he had never made a physical or mental
examination of the accused, anu mao not
seen him before he observed him in the
court.
The witness said he did not consider
DIR. L. Pierce Clarke, one of the defenses
experts, an eminent alieniSt
Mrs. Annis Not to Testify.
District Attorney Dewitt has decided
not to call Mrs. Helen Annis to the wit
ness stand.
Mr. Dewitt said today that the peo-
pie would rest their case with the testi'
.1;a lets