The Birmingham age-herald., 1909-04-30
GENERAL HANS
 TALKS IF SUN Father Tells of Incidents In
 His Sons Life IS DRIVEN ID MiDHEyS Indiscretion of Claudia Hains Is Re- lated as Cause of Insanity, Which
 Drove the crazed Man to
 Commit Murder.


 ing scene was presented today at the trial of Capt. Peter c. Hains, IT., when General Hains. the aged father of the defendant related with suppressed emotion the incidents of his sons life from boyhood to the time, when driven to madness by his wifes alleged in fidelity, he shot down the man who, the defense contends, was the cause of it.
 Beginning with the boys tendency to nightmares and general excitability during his earlier years, the old gen. eral traced his career through the campaigns of the Spanish American war when he fought under his father in Porto Rico and was always in the way on tie firing line
 In 1900 the captain wooed and mar ried Claudia Libby, the General said and lived In unbroken happiness with his wife until 1908, when they met William Annis.
 The narrowing scenes which ensued at the family conference held after the captains return from an eight-months' tour of duty in the Philippines were depicted by the General in a trembling voice.
 Thornton Hains, the brother who was tried and acquitted of conplicity in the same crime, appeared in court during the afternoon. but left almost imme- diately upon being told that he would be sent for when wanted.
 Dr. Hammond and several alienists who will testify for the defense will appear in court tomorrow.
 Prisoner Unmoved.
 While his father was testifying the prisoner sat with his facA toward the jury and paid no sttrs11io to him.
 General Haipss. ffegy lse dis covered at '. lIeriaa 6 Laptain Hains life that the boy was shnering from excessive nervousness. He said Peter was graduated from the Naval Academy at Annapolis In 1893, but did not enter the naval service on account of defective eyesight. He described the conduct of Claudia Hains toward her husband, the captain, during their early marriage as that of "a loving wife," He said they were very happy until 1908. During the Porto Rico campaign the captain, then a lieuten- ant of artillery, was a member of his command, the general said, and they all suffered excessively from the sul- try and bad climate of the island. Descflpe your sons conduct at the battle of Guayama," said Mr Mcintyre.
 He was always getting in my way on the firing line" replied the witness. and when l told him to get away he said l had no right to wear that big White helmet on the firing line. Then l told him 1 would have to put him in the ranks if he did not stop bothering me-"
 Boysh Ailments.
 Reverting to the earlier years of the de. fendants life, the general said he would ny into a passion when contradieted and was subject to violent nightmares He Tell into the hatchway of a steamer when he was F years old, striking on his head and for a long time afterward suffered rom nervous excitement and depressing heacaches. Slight noises always excited the boy and made him turn pale, the father said.
 In September, 1907, the captain was de- tailed to the transport service between San Francisco and the Philippines the general said. He was away for several months and returned in May 1908 The general met his son at the Hotel Astor New York city, on May 30.
 When l asked him what had brought him from the west" said the witness. "he showed me package of letters and said he was greatly troubled. He had heard reports from Claudia, his wife, but did not believe them, he said. She may have been indiscreet,' he said" continued the wit ness, and I told him she had been more than indiscreet, that she had been un- faithful.
 !" My God. you don't think thatg ex- claimed the captain. He asked me if believed the reports and 1 told him she had been away for week and nobody, not even the servants knew where she was, and when she returned she was in bed week. The captain censured me for not letting him know about these thing and said he wanted me to help him in- vestigate and settle It. We can go to the country where Claudia said she had been and find out if 1t was true said the captain. "f
 Captain Excited.
 The general said his son was greatly excited at that time,' but would not say his condition was irrational
 The following day the general told him this he appeared very nervous and looked haggard, the witness said
 He told me she had confessed every thing said the general.
 District Attorney Dewitt objected to the expression of General Hains in regard to the infidelity of the captains wife and Judge Garretson ruled that the wife's in- fidelity could not be proved until evidence of prior insanity in the defendants case had been established After getting Gen, eral Hains to say his father died from senile Insanity, Mir. Mcintyre excused the witness.
 Dr. l.. Samuel Manson, the alienist who next testified, described an examination of Captain Hans which he made in the Queens county jail on September 5, 1908.
 T found him sitting on a chair staring into vacancy" said the doctor. When | spoke to him he made no response. I put my hand on his shoulder and said loudly, How do you feel? and still there was no response. put him through several tests and there was no response.'
 General Hains Recalled.
 General Hains then was recalled and asked again to tell what happened in his talk with Captain Hains after the captain had obtained his wife's alleged confession. A long argument ensued between counsel