The Montgomery advertiser., 1909-01-07
HANS UNDER SEVERE TEST Rigid Examination by
 Counsel. WRITER SHOWS IRRITATION Appeals to the Court for Protec-
 ton.
 - swears He Did Not Make Improper Advances se Hi. sisser-in-Law- Goes Over Tragedy at
Swear. He Did Not Make Improper


 six hours today. District Attorney Dar- rin kept Thornton J. Hains under a ceaseless fire of searching cross ex- animation and while the defendant fre- ouently admitted that he could not remember some of the minor details. the main essentials of his direct testi- mony remained unsh aken. Hains. on trial for the killing or William E. Annis, told the cos,. a,., 'nss sa he had been i'll yesterday, which. ne declared, caused him to be 'forgettui. Hains was still under the prosecutors Are when adjournment came. Thornton Hains testified that be- cause of the admonitions of his parents he kept his brother under constant surveillance, fearing he might do some insane thing.
 ious interrogations. led Hains to ad- init that when Anniss boat was near ing the float, he told Captain Hains that he was going home. and left tne army oficer standing on the dock' showing every evidence of mental aus turbance. Hains said he had walked about thirty or forty feet toward tne club house, and when he turned around Captain Hains had disappeared. The shooting followed within few sec onds on the float below the dock. District Attorney Darrin asked Thornton Hatns if he knew that the revolver with which Annis had been killed had been purchased at i.te o'clock on the morning of Aug. 10. the day of the shooting, at broaaway store? Hains said that he did not. Justice Crane informed counsel for both tides that they must have their evidence in by next Saturday night. Hn,na Reeumes TestimOny. Thornton Hains became, slightly Ill just before the court opened but re- covered quickly and took his place on ths witness stand. Before entering | the court the Right Rev. Monsisnor Donneily, of St. SMichaers Church or Fiushlnx. spoke, q few words of en- co,lra cement to ths prisoner.
 Thornton Mains denied that at dinner with Captains Hains and his vrifA over d year ago he had com nlaifled bitterly of Annis because his Tlaanuscrlpts had been refused.
 '.bid you tell Mrs. Hains at that time that you would get even with Annis tyetP.
 No. did not"
 from the servants that Annis had often visited at the home of Captain Hains. He denied that Mrs. Hains had ever pointed out Annis to him.
 DO you ever remember saying to Mrs. Hains about Annts. I don't want l to meet that man. I win have to sh oot him if, meet him. for you know have threatened to shoot him on "No, I didn't
 Thornton Hains declared that he had never told Mrs. Hains that he was going to write to the captain about her.
 "Is it a fact that when the captain was in the Philippines you called on Mrs. Hains and said to her: My God, you look sweet and grabbed her by the arm?"
 "Your honor" said the defendant. I'm a prisoner here. Mir. Mcintyre interrupted and said
 if the district attorney would agree to call Mrs. Claudia Hains he would have no objection to the line' of the testimony Hains, however, declared that 1t was not so.
 The district attorney asked the wit ness if he had not said to Mrs. Hains that he would like to kiss her if she were not his brothers wife. The de- fendant's face became fiery red and he bit his lips, and turning to the court, made a protest in low tones against the question. Mir. Mcintyre. however, directed his client to answer, and the witness said: "No."
 Further questions as to whether the witness sought close relations with MrS IIains was overruled.
 Thornton Hains was asked if he had not told Mir. Libby, father of Mrs. Claudia Hains. at Fort Hamilton, that Annis had been instrumental in turn ing down his stories and some day he would kill him.
 Its absurd. If killed everyone who turned down my stories. would have to have a private grave yard" snapped the witness.
 Brother Was Crazy.
 The witness declared that in his opinion the acts of Captain Hains for over two months prior to the shoot ing were irrational and those of a crazy man. Hains said his brother was violent on the morning of the shooting.
 The defendant said that frequently between June and August I6 he spoke to his brother and that he did not hear him. The district attorney was insistent on this point with the apparent purpose of asking later how 1t was that Captain Hains could hear the name "Annis" when 1t was spoke en on the dock and the army officer was thirty feet away.
 HaIns was asked why 1t was that when he reached Bayside he told Cap tain Mains they would look over some building lots when the Captain had heard him tell Weaver in New York what they were going for. Witness replied he could not say.
 l. Asked if he remembered what he had said yesterday about the number of people on the Long Island train, HAins said:
 "I don't know. know that I was very sick yesterday.'
 District Attorney Darrin carried the. witness slowly over the testimony given him on Monday of the drive from the railroad station to the Bay side Yacht Club. The witness said he did not recall that he had said to his brother during the trip that they would ride around and see the lots even if JeRperson was not there The district attorney called the attention of the witness to the fact on his direct examination he had said hat he had suggested to his brother that they look the real estate over and drive around little.
 Hains said that he did not see Cam