The Montgomery advertiser., 1909-05-02
BROTHERS TELL OF HANS ACTS Declare captain Was
 Crazy.
 s- CONDUCT WAS IRRATIONAL Could Not Believe Annis Had Wronged Him. ghornton H.ias and Major yeh. r. Hsi.s sa th. witne.. sts.d
 |. the Murder
 Trial.

Flushing. l.. l.. May 1.-Two weeks of the Hains trial have passed. Court adjourned today after forenoon ses- sion only. with Major John Powell Hains. U. 8. A. brother of the de, fsndant. on the stand.
 Like Thornton !. Hains.. the brother who preceded him. Major Hains at tempted by his testimony for the de- fense. to show that Peter c. Hains, IT,. was Insane when he shot William B Annis. There were suppressed sobs in his voice as he told of his meetings and talks with Captain Hafns after the captains return from the Philip pines last May to clear up runaors con- corning his wife. Claudia, and Annis
 That the brother on trial for murder was irrational" was the burden of Major Hains testimony.
 An Ingenious coup planned by the defense failed today. John Y. Mcfn- tyre, chief counsel for the defense, purposely refrafned yesterday from asking Thornton I. Hains any uucs- tfons about the actual shooting of An- nis, in the hope that the district. at- torney would bring out the details in cross examination. thereby making Thornton Hains the States own wit ness, and therefore. unimpeachabIe by the prosecution according to the law of procedure
 But. like Mir. MnIntyre, the district attorney led the witness up to within few minutes of the time when the defendant whipped out his revolver then suddenly changed his tactics and Jumped ahead to incidents after the shooting.
 The cross examination of T. J. Hairs was cofthued today at the trial of his examination. of Thornton J. Hains was brother. Capt Peter c. Hains, u S. A, for killing William P. Annis.
 District Attorney Dewitt asked the. witness about his brothers appearance and actions at Fort Hamilton on. June l. when he saw him at the Captains quarters
 Ills eyes seemed glassy and star ing, said the witness. "and his face was white and drawn.''
 Would you say that he was rational or irrationai at that timer asked MT Dewitt.
 sIrrational, was the prompt reply.
 Thornton Hains was asked by the District Attorney if he had frequent conversations with the defendant dur ing the weeks prior to the shooting.
 II don't know what you mean by a conversation. said Haina.
 Did you talk to each other7" asked the District Attorney.
 "UsuaIIy the Captain was incoherent and Iscould not understand .him,Y said the witness. T would say we had very few conversations. =
 The District Attorney then ended his cross examination and Major Joftn Pow ell Hains. another brother of the de- fendant, was called sfhg the defense
 The witness told Of meeting the Cap tain in New York on his return from the Philippines and, briefly disenssfhg the family troubles with him. He said the Captan was very nervous and ex- cited
 Garretson instructed the witness.
 He appeared to me to be irrational" replied Major Hafns.
 Referring to the talk the Major had with the defendant after his return from the Philippines the witness said he asked his brother to tell him every thing and the Captain repiied:
 When I reached San Francisco from Manila I found a big bundle of let- ters and after reading them was con- vfnced there was something wrong and hurried East as fast as could? The Captain bowed his head iIs his hands and said. can't remember. I can't think: this man Annis Is making me crazy finally he went to the fort and met Claudia, his wife. She expressed surprise at seeing him and asked him what had brought him back .
 I've come back to protect your good name.s the Captain told her.
 What do you means' she asked him.
 why, about you and Annis.. he said
 Why, that is all fooiisbness, he said she told him. T may have been indiscreet. but Bill Annis and have been good friends. and that's ali.'
 Don't you worry. little girl he said to her. I'll show these people how I trust and believe in you. Wen have Billy Annfs up to dinner
 "Then he went to the telephone and called Annis up and asked him to come out to dinner. Annis declined but came later, and Mrs. Hains, the Captain, An his and his wife went to Coney Island in the automobile and were arrested for speeding. Annis drove the ear -
 The witness said his brothers ac- tions were irrational while he was tell ing him about his family troubles.
 After brief cross-examination court adjourned until Monday.