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Show Strong Points iu Faror of Brother, of Slayer of Annie. ; Brought Out. ' IJ JOURNEY NOT MADE TO H SEES MAN WHO WAS SLAIN i - Evidence Also Given That Dc fendant Did Not Draw Gun ' During Shooting. J ' 1 FLUSHING, N. T., Dec. 2S. The de- jj jB fenso scored two material point9 in-the j ; evidenco developed in the trial .today j of Thornton J. Hains, which-tho defen- I! . danls counsel assert disprove the charge r ; that the author was a principal-with his ! i brother. Captain Pser C. nains, jr., 5n 1 the killing of Willifm E. Annis of tho . J; ' Baj-sidc Yacht club in Little Neck bay. jl , ! An exhaustive cross-examination of the 1; two witnesses for the defense left the I) main points of their testimony unshaken and Thornton Trains returned to Long j Island jail tonight declaring tdat the ' evidence proved his innocence. Testimony that Thornton Hains did j: not go to Bayside to kill Annis. but to look at property, was testified to by Charles Weaver, sales agent of the w Hains Concrete Miser coinpanj-, iwho further declared that it was at his in-sistentsiuvitation in-sistentsiuvitation that the Hains. broth- J crs on August 15 postponed a trip to Sandy Hook and went to Ba3sido to iu- spect real estate. Weaver, almost Eon- 1 ' ' fl bed on the stand when he said that he fl felt responsible for sending the Hain jH brothers on the journey that ended" 'iu the death of Annis. jJ Captain not Bational. i Tho mental condition of Captain .Hains previous to the shooting was test-ified test-ified to by Mr. Weaver, who asserted !' that from thij, actions of the army cap- . tain ho believed him to be irrational. The second matorial point brought out by the defense today was drawn -from ( . John Tiemey. a garbage collector, who. said ho was au eye-witness to the j tragedy. t Tiemey declared that Captain Hains had ceased firing before his - brother 'ran down to the iloat and do-, ! fendant did not draw his revolver until j. ' Charles Roberts, a club member, ad ' vanced toward Captain Hains whh revolver in hand. Tiemey said .that Thornton Hains did not poiut his rcvo'l- ver at any one ou the float, but called H for an otli'cer to arrest, his brother. Ho did not see Mrs. Annis on the- float. A. severe cross-examination did not make j Tiemey waver in any essential. ) During recess Mrs. General Hains. ac- J companied by her husband aud her sou. j Mai. John Hains, entered the courtroom.. . Major Hains talked to his mother whib sho wept softly. Thornton kept his oyes on his mother for some time after sho had taken her seat. It was tho. .first. j timo Mrs. Hains had seen her son siuco his arrest. - |