The Birmingham age-herald., 1909-05-02
STRONG WITNESS
 FOR PETER HANS Major John HainS Tells of His
 Brothers Actions LAWYERS DODGE POINT Prosecution Does Not Question Thorn ton Hains As To the Shooting Because That Would Make
 Him State Witness.
LAWYERS DODGE POINT

New York; May 1.-(Special. )--Through the lips of his brother, the third witness called for the defense, Capt. Peter c. Hains talked to the jury today.
 Maj. John Hains of the United States army told the conversation he had with the captain a few days after Mrs Claudia Hains confessed.
 He said he was able to repeat the story practically in the captains own words as the tragedy of 1t had burned into his mind.
 Major Hains is the strongest witness yet called by the defense. He spoke with mill itary preciseness and showed great clever ness in making his testimony competent He gave convincing descriptions of the captains face, manner of speech and gen. eral action.
 Thornton Hains escaped easily from the district attorneys ross-examination. Tn no material point was his testimony shaken.
 Not a question was asked of Thornton as to what happened on the float There is possibility that District Attorney De- Witt may recall him later.
 If he had asked him today to describe the shooting Thornton would have become a states witness, and Mir. Dewitt would have been bound by what he said regard ing the captains insanity before and after the shooting.
 ''They don't dare let me tell about the shooting of >Annis," Thornton said after court had adjourned "They don't want the jury to know how he looked when he faced the man who had ruined his home.'
 Judge Garretson said that it would be impossible to finish the examination of Major Hains today, and he adjourned court at 12:S0 until Monday morning.
 AS soon as court was adjourned the dis trict attorney and his assistants went into consultation with Dr. E. E. Hicks, who has been watching Captain Hains since the trial began. Dr. Austin Flint, the aliepiSt, who 1t was expected would tes- tlfy for the state that Captain Hains is not insane now, and was not when he shot Annis, is said to be i'll at his home There was some question today whether or not he would be able to testify. The attorneys for the defense will hold a con- sultation tomorrow and finally determine the lines they expect testimony will take.
 John E. Mcintyre said today that he would call 39 more witnesses, and that it would take probably 10 days to put in the rest of the case.
 The striking portion of the testimony to- day was the following;
 How did you go to Thornton Hsins' house from the Astor?" asked Mcintyre.
 ''I had an English bull terrier with me and we had to take a. taxicab." Leave out the bull terrior, major" said Judge Garrettson,
 Major Hains testified to a conversation which he had with his brother Peter at Bay Ridge.
 "When did you leave 'Brisco?' the major said he asked him.
 "I don't know the captain replied, put ting his hand to his head. T can't think any more. This man Annis has driven me crazy
 Later the captain told the major of his unexpected return to Fort Hamilton, say ing:
 T saw Claudia on the Cravens' porch, and told her to come along home. She was surprised to see me and said: What brings you back?' I said: You need me here, little girl. There are stories about you and Annis. She said they were foolish, as Annis was nothing but @ friend. She convinced me and I believed her, and said I'd show the world what thought of her. I told her to go call Annis and invite him to dinner |"