The Montgomery advertiser., 1909-01-08
ALIENISTS IN
 HANS TRIAL  ''lmpulsive Insanity" Is Introduced. DEPENDANT LEAVES STAND Dafrin Says He Has Shattered
 Testimony. Hains is Confrontea with . story Printed over His Name in
 New York
 Papers.
DEPENDANT LEAVES STAND

e , z asa l5 Flushing. N. F.. Jan. 7--The trial of Thornton Jenkins Hains passed to- day to that stage frequent in homicide cases where testimony is developed from medical experts and alienists.
 Hains counsel placed on the stand Dr.. l.. Samuel Manson, an alienist. who. after listening to hypothetical ing Captain Hains' sanity, declared that on August 15, when Captain Hains shot William B.. Annis. he was suf- fering from "impulsive insanity"
 Thornton Hains' long cross-examine- ton was concluded at the morning ses- sion and the defense began the pre- sentation of expert evidence to prove the insanity of Captain Hains.
 The prison physician was not per- mitted to tell his opinion of Captain Hains' sanity and it looked as if the defense would be unable to get the alienist's testimony before the jury.
 Dr. Manson stated that he had not treated Captain Hains as his patient, but had simply observed him. It was then that the hypothetical question which required one hour and fifteen minutes. and during which time the court took brief recess. was read to the alientst.
 Dr. Manson stated that Captain Hains suffered from melancholia fol- lowing the shooting and this mental condition showed an Improvement. Be- fore an objection could be entered to an Interrogation the alienists stated that Captain Hafns was sane when he last saw him.
 The oss-examination of Dr. Man son was under way when the court ad- journed until tomorrow.
 District Attorney Darrin says he has shattered Hains' story beyond repair. Thornton Hains asserted his belief that next week would find him a free man. T have told only the truth to the court" said Hains, "and Darrin has not forced me to deviate from it. When l could not remember the smaller de- tails, a broken sentence, an insignifi- cant action-I have frankly said so. My story in the material points is un- shaken and will be believed. Men are not convicted for failure to recoilect some inconsequential utterance of a few days past.
 Hains said. when court opened. that he had authorized some of the state ments printed under his name in a New York newspaper last November.
 Did you tell anyone that the sight of Annis infamed Peters mind7"
 Did you say that it all happened so quickly that T was powerless to do anythingr"
 'No."
 Hatns is Confused.
 The District Attorney read from the newspaper clipping and asked the wit neYs if he had not said that on their motor boat trips he and his brother always were armed. Hains denied that he had made any such statement. Dropping the line of inquiry. Dis- trict Attorney Darrin developed from the witness that prior to August 15 he had never seen the witness Tierney and except on the witness stand had not seen him since the shooting. On cross examination yesterday Hains said he saw Tierney on the fioat for a mo- ment. The defendant was questioned care fully about what he said and did after the shooting.
 5 Hains was shown 6 paper purporting to have been written by Captain Hains while in the police station in Flush ing. The witness said it did not look like his brothers handwriting.
 District Attorney Darrin then show ed Hafns other telegrams which were sent by the defendant after his arrest. He admitted that the signatures on the telegrams were his.
 Did you write to Mir. Ripley I'm not through with Billy Annis?'
 "I don't recall"
 This closed Thornton Hains' long ex- animation.
 MT. Mcintyre on redirect examina- tion called Mir. Hains' attention to his testimony under cross examination of the incident at Marblehead in which Mrs. Annis figured.
 Hains said the reason he did not tell Captain Hains was because he did not want to wreck a mans home when he had only heard that Annis and Mrs. Hains had been at hotel.
 Asked why he had left Captain Hains standing on the dock alone when Annis was so near. Hains said:
 Always before, when I took him by the arm and told him to come he had always done so. l thought this time also he would come with me-"
 On re-cross examination District Attorney Darrin asked: Did the fact Annis told you not to tell your broth CT of the incident in Boston the next day after it happened have any part in the reason tor your not speaking to Captain Hains about it?'
 "No."
 Thornton Hains then left the stand