The Sunday Oregonian., December 27, 1908, Page 3, Image 3

THE SUNDAY OREGOMAX, rORTLAXD, , DECEMBER 27, 1903.
SCENE OF THE HAINS MURDER TRIAL AND SNAPSHOTS OF ATTORNEYS
Great Beductions on All Holiday Goods. Taney Neckwear, Comb
and Brush Gases, Dolls, Books, Games and All Kinds oi oys
ANOTHER REBUFF
TO HIS" DEFENSE
ft t
. J III
x . re
B- - a. .v,ri:
Accessory May Be Guilty of
Murder, Though Prin
cipal Innocent.
it
'fix--; '
if Uj ' '
CASE FOR HAINS OPENED
1 -
e. Jt - o' " :y '
Most Best
Value JiliKIM'T- Quality
- Goods Promptly Delivered. Mall Orders Carefully Filled
IVenled That Brother Went to Yacht
Club With Intent to Kill Annis.
Said Thornton Tried lo
Restrain Captain.
FLUSHING. L. I.. Dec. 26. Xo sooner
did the state this momlr.j close its case
asalnst Thornton J. Hales on the ciiartre
of murderlr.a; William E. Annis than the
defense moved to dismiss and th-n the
court struck another blow at its hope.
Judge Crane ruled that a man who aided
and abetted a lunatic to commit murder
was himself guilty of murder. He also
ruled that a man may be guilty of mur
der in the first degree, though the man
who fired the shot was neither guilty of
murder nor a lunatic.
The defense then rtated its case, which
was that Captain Hains, mentally unbal
anced, accompanied hla brother to th
yacht club's Moat on a real estate dealt
there siw Annis and rushed to ki!! him;
that Thornton Halna tried to get his
brother away on learning that Annis
was near, but the Captain broke away:
that after the shooting. Thornton simply
tried to protect his brother.
The defense introduced some evidence
to controvert the state's evidence of pre
meditation. Stated Pinal Evidence.
When court op-ned District Attorney
Darrln called Policeman George Bolton
to tell of the efforts he hd made to
serve a subpena upon John Tonnlng,
the missing witness. He was excused,
and Louis Ilaraway. who was with An
nis on the boat, til recalled. He gave
the dimensions of Annis" boat. Then
the prosecution rested.
Mr. Young moved that the Indictment
against Thornton J. Hains be dismissed,
llr. Young arn:ed the point that a
person charged with being an accessory
to the crime could not be tried until
it was proven that the principaJ was
guilty.
severe Knling Against Mains.
"Right there I disagree with you."
Judge Ifalns said. "I hold that this
man may he gu,llty of murder in the
first degree, as a proposition of law,
although the man who held the re
volver and fired ihe. shot was not guilty
of murder and was not insane.
"'I am going to hold that a man may
be guilty of murder committed by a
lunatic if he aided and encouraged It
knowingly -and Intentionally, knowing
the art and its consequences. In my
opitiltn a man who is present at the
commission of a crime and aids and
abets It is not even an accessory under
the common law. but a principal." .
He denied the motion to dismiss.
Case for Defense.
Joseph Shay, assistant counsel for
Thornton H;ilns, In opening the case
for the defense, charged that the evi
dence of the stale bore semblance of
falsehood, invention and manufacture.
He said that the defense would show
that Thornton Halns had nothing to
do with the death of Annis: that Thorn
ton Halns had no thought of the death
of Annis when he went to Bayslde;
lie had no idea that Annis was there;
that Thornton Hains did not know his
brother had a revolver, and that Thorn
ton would have prevented the meeting
between his brother and Annis If he
could.
"We propose to show you that the
brother. Captain Peter C. Hains. was
mentally unbalanced and to show you
the causes which created that condi
tion of mind." said Mr. Shay. He then
declared that Thornton Hains had con
ferred last Spring with Messrs. Jes
person and Bugg. who had property
for sale at Bayslde near the yacht
club and that Mr. Bugg told Hains to
meet him any Saturday at the yacht
club.
started on Real Estate Peal.
Mr. Shay said that on the day of
the killing of Annis the two brothers
left Brooklyn, intending to go by mo
torboat to Fort Hancock. N. V. Thorn
ton Hains carried his revolver, to be
tired as a signal of distress in case
the motorboat ran short of gasoline,
or for self -protection In case of at
tack by thieves or river marauders
when landing after dark.
"That the captain had a revolver
with him on these occasions and on
this day was beyond Thornton's wild
est Imagination," said Mr. Shay, "for
on account of the condition of the
captain, as we will show you. the ut
most care was exerted to keep from
him any weapon that might be danger
ous to bis own life."
The trip to Fort Hancock was aban
doned. Mr. Shay said, because of time
taken up -with a talk with a builder,
and Instead the hrothers decided to
go to Bayslde to look at the lots
Thornton Halns thought of buying.
Counsel declared that proof -would be
adduced to show that on the day of
the shooting Captain Hains was a mad
man." as the result of his marital
troubles, which counsel related in de
tail to the jury.
Minv'H Version of Killing.
Tesribing the killing of Annis. Mr.
Shav said that the Hains brothers were
inquiring at the Baytiide Yacht Club
for Mr. Jesperson. the real estate deal
er, w hen Mr. Blrclitleld. who was stand
ing nearby, spoke to Mrs. Annis by
name. At this time, he said. Thornton
Halns asked if that were "Blllie Annis'
wife." and asked if Annis was there.
Thornton was told that Annis was on
board this boat, which was then ap
proaching the dock. Continuing. Mr.
Shay said:
"Thirnton Hains. realizing that a
sight of Annis to his brother would
probably mean the undoing of his men
tal Improvement. de Idrd to get away.
It was then that 'lie turned to his
brother and taking him by the arm.
said:
"Come on. Peter. .Icspcrson is not
here, l-ct's go back." The captain shook
himself from the defendant and in
stantly Mr- Birrhfield ran down the
gang-plank, the boat being in."
According to Mr. Shay. Thornton
Hains did not come up with Captain
ll.iins until after the shooting and when
Toiinhig had the captain in hlg grasp
snd was bont,to strike him. It was
then, said the attorney, that Thornton
i ried out:
"Don't hurt him: he's my brother."
hole Story of Mate False.
Mr. ihay promised to show that all,
or almost all, of the statements attri
buted to the defendant are absolutely
falsa and untrue; that every shot waa
.f
J- t - - S-
" - i- ?
.t
J" e. v
iff,! -ir'j&f -
I jl4
Wnf: V'::':lTfl
n ' i I ! f A 1
i - f I M
. xA l M
discharged before Thornton was even
upon the float; that Mrs. Annis was not
upon the float and that a pistol waa
not pointed at her back, and that "in
asmuch as his brother was insane or
practically Deprived of his reason, the
defendant was only endeavoring to pre
vent him from committing an act dan
gerous to himself or to another."
With the closing of the defense's
outline. Sir. Mclntyre called District
Attorney Darrin to the stand for his
first witness.
Justice Crane declined to allow the
witness to state whether Captain Peter
C. Hains was indicted and what dispo
sition had been made of the case. The
court further declined to allow the Dis
trict Attorney to say 'why Special Pros
ecutor White was brought into the
case. Mr. Darrln was permitted to tell
when Special Prosecutors White and
Dayton were brought Into the case and
was excused.
Contradicts Fallon and Skura.
Eugene X. I Young, one of Hains'
counsel, took the stand. He said he
was with the defendant at tiie Cor
oner's inquest when Officer Fallon tes
tified that he heard the defendant say
that he wished "he could go down to
hell and get Annis and kill him again."
Mr. Young said that the accused and
Mr. Fallon did not speak to each other.
Other statements attributed by Fallon
to the defendant were. Mr. Young said,
not uttered.
Mr. Young said that he told Martin
Skura. the boy cabman, that he and
Mr. Shay were lawyers for Hains. He
then related the conversation with
Skura. the chief points of which were
incorporated in Skura's signed state
ment. Mr. Young gaid:
"Mr. Shay asked Skura If the name
'Annis' had been mentioned during the
ride of the Halns brothers to the club
and the boy said: 'Annis' name was
never mentioned." Skura further said
that no one told him to drive behind
the stage."
Yas of Detectives.
Mr. Toung said on cross-examination
that the reason he had called Mr. Mc
Intyres attention to Officer Fallon's
talking to the defendant was that Fal
lon was a precinct detective. Precinct
detectives were prone to put state
ments In the moutha of witnesses.
Mr. Young waa excused and court
was adjourned until Monday.
Mrs. Catherine Hains. the mother of
the man now on trial for his life, is ill
In Xew York. Counsel desires to call
the mother to testify that after Cap
tain Halns" trouble with his wife, she
told Thornton to keep a careful watch
on his brother. The health of Mrs.
Halns. it is said, will hardly permit
her to come to court.
the courts. It is a civil- suit between
prixate, parties, and there has been no
way by which the Government could
have Intervened even if it had desired
to do so. Whether the President does or
doe.i not think the sentence, of Mr. Gom
I pers and his associates excessive is not
at present of consequence, necause ui
cannnt take any action or express any
opinions while the case Is pending before
the courts. When the decision is made
then the President can promptly con
sider whether the terms of imprisonment
are excessive or improper. But it is, of
course, impossible for the President to
act while an appeal is pending, for he
has nothing whatever to act about. The
court must finish with the case first, and
the defendants are at the present mo
ment at liberty on bail.
"If the defendants see fit to abandon
their appeal the matter will then, of
course, be brought before the Kvecutive.
in which case it will receive immediate
and most careful consideration. But the
defendants have a perfect right to prose
cute their appeal, and if unsuccessful in
the final court, then ask for a pardon
or commutation. But as long as they
are prosecuting an appeal the President
has nothing to do with the matter. The
President has already Instructed the De
partment of Justice to keep him fully
Informed as to the progress of the case,
so that in the event of its becoming
proper for him to act, he may have at
his disposal all of the facts which will
enable him to decide whether there was
justification for such punishment; the
sentence Is. or Is not, altogether too se
vere. But at present, the President has
no more, to do with the case than with
the case of the t-9. 000.000 fine imposed
by Judge Landls on the Standard Oil
Company, which is also on appeal and
concerning which the President has also
been repeatedly asked to interfere.
BURTON TALKS OP BOSSES
SAYS THEY ONLY THKIVE
WHEN VOTERS ARE WILI.IXG.
for
PRESIDENT UNABLE TO ACT
GOMPEHS CASE ST1I.I, I" XI) Ell
ji RisincTiox of comrs.
Roosevelt Ismics Statement sliowing
Executive's Position In Labor
Contempt Case.
WASHINGTON. Dec. 2ii. In an official
statement issued at the White House to
day in regard to Presidential interference
in "the cases of President Gompers. Vlce
I"resident Mitchell and Secretary Morri
roii, of the American Federation of La
bor, now under sentence for contempt of
court, attention is called to te fact that
the cases are still before the courts, and
that no matter what the President's opin
Itm may be as to th9 justness of the sen
tences imposed, he cannot take any
action looking to pardon or express any
opinion as to the merit of the case.
The text of the statement follows:
"Various a.ppeals have been made to the
President to Interfere by pardons in the
case of Mr. Gompers and his associates.
Those making the appeals are not aware
of tha fact that the mailer is atill before
Also Believes His Own Chances
Senatorial Election Are
Very Good.
TOLEDO. O., Dec. 26. "The Senatorial
outlook is good. My chances are good
and I have the votes, if I can keep them
and I think I can,'" declared Congress
man Theodore Burton, of Cleveland, upon
his arrival here today to speak at a
banquet of the Wholesale Merchants" and
Manufacturers' Board.
In his address at the banquet Mr. Bur
ton condemned the political bosses, his
reference causing much Interest because
of the charges of bosslsm being made in
the senatorial campaign.
"'The boss is a repulsive figure In our
political life." he said, "but no boss could
hold sway for a year without the indif
ference of a large body of citizens, or
without the co-operation of large busi
ness or other Interests. It is their great
wish to deal with single individuals who
dictate the action of the different agen
cies of the Government. In return these
supporters of bosses are willing to give
great campaign contributions and bring
to the support of Its party large numbers
of voters."
French Diplomats Promoted.
PARIS. Dec. 2. Viscount de Cham
bruu and Viscount de Mairel, secretaries
of the French Kmbassy at Washington,
have been promoted from the third to the
second in the rank of secretaries.
j "
e Gtiikrf s x
FORMERLY THE NONPAREIL
Not Leftovers nor Old Stock, but the entire stock of
the Reliable Fur Company, of Seattle, Wash., which
we purchased last week at a great price-concession.
We offer this entire stock, consisting of an elegant
showing of fashionable furs, at
HALF PRICE
Our guarantee stands back of these garments.
FUR JACKETS BOAS SCARFS MUFFS
ALL SUITS-HALF PRICE
Opportunities for the Careful-Buying Housewife
Time to say good-bye to all small lots, incomplete
lines, odd sizes and remnants time to make a clean
sweep of them, to hurry them out in double-tjuick or
der. All preparations have been made for the under
taking, and it only remains for the hour of 8 o'clock
tomorrow morning to arrive.
Every department is represented in this great bargain
event. Goods of every description are involved, gar
ments for every member of the family, wearables of
every character, dress requisites and home needfuls
a-plenty. The list of bargains is long and interesting.
Study it well and profit by this great sale.
BE AMONG THE FIRST IF YOU WANT TO SECURE THE CHOICEST OFFERINGS.
Sale of Dress Fabrics
The items tell of fabrics of up-to-the-moment fashionableness; plain,
fancy and mixed effects, every weave, every color, and at a wide range
of prices all reduced. The selling will be fast; some lots will be speed
ily exhausted; the whole huge sale assortment will not last long under
the greatly reduced prices attached to them. For this reason we advise
an early visit if you contemplate purchasing. Come with or without buy
ing intentions. The display is worth the visit, and, who knows you
may see something that you'll want, though you know of no needs at
the present.
In the Dress Goods Department
An extra special showing of fiU-inch Broadcloth, fine all-wool, roo.I. lus
trous finish; this handsome material comes in colors tan, navy, cardi
nal, brown, ftreen, Copenhagen, gray, steel, etc.: extra wearing H'.V-
Regular $1.25 grade, specially priced for this sale 7VC
CHIFFON BROADCLOTH AT $1.23. .
A showing of 52-inch Chiffon Broadcloth of a very high brilliant fmish,
made of good qualitv fine selected yarn; this maternal comes in all the
desired shades of blue, brown, green, red. tan, Copenhagen, etc. '"J;
lar $2 00 value, specially priced for this sale
In the Silk Section
ENGLISH CORDUROY AT 50c4.
A showing of genuine English Corduroy, full 27 inches
wide, very durable; comes all wanted colors, car
dinal, scarlet, brown, navy, marine, castor, gray
and black. This cloth is very suitable for jackets,
riding habits and children's wear, and is very best
8."c to $l.0(i grade, special -59
19-INCH SILKS AT 48 YARD.
A special offering of 10-inch French Kengaline Silk,
a very desirable brilliantine, pliable and extremely
durable. This handsome material comes in solid
colors, black, brown, green, cream, reseda, navy,
champagne, ciel, pink, cardinal and scarlet. Kxtra
vatiip at
48
RT.AHW VfVTT.T C CPT!f!T AT.T.V PBTfTRTI
MUnVU V MA AJ VA. 1 llll avawmw
An offering of black chiffon Voiles, hard-twisted Eng
lish Voiles, real eglantine and crepe Voiles, genuine
French twine Voiles, all made of the purest wools.
They are crisp, durable and elegant, always in de
mand. Colors spotproof, priced as follows:
All $2.00 grades at, per yard $1.39
All $1.50 grades at, per yard $1.19
All $1.25 grades at, per yard 99
ENGLISH KERSEY CLOTH AT $1.49.
An extra special offering of ofi-inch genuine English
Kersey Cloth, double weight, made of pure wool and
best selected yarns; it. comes in all desired colors,
green, brown, marine, blue, navy, cardinal, red, ma
roon and gray; specially adapted for. jackets, suits,
separate coats and rainy-day skirts. Regular $2.50
grade, special for this sale $1.49
AN EXTRAORDINARY SALE
eacne
Bfiat 50c Values. One Day Only, Monday
PERSONS KEEN TO APPRECIATE UNUSUAL VALUES will lose no time iu attending this sale. If
anything were needed to further demonstrate the saving advantages that accrue from buying at this store,
it's found in this sale tomorrow. It's a great special sale of about 3000 bleached Sheets, made of good,
durable sheeting 72 by 90 inches, finished with neat hem; sheets that have always sold at 50c OhC
each, and fully worth that price, are marked for this sale, while they last, Monday at w
Special Note. It's an offering to induce yon to attend this sale tomorrow (Monday), and no mail or phone
orders will be filled at this sale price, none will be sentf. O. I)., and ... order that the grea est number
possible may benefit by this sale we have placed a limit of four to each purchaser. Sec to it that you se
cure vour share.
Special Offerings in Women's
KnitUnderwear and Hosiery
WOMEN'S STOCKINGS, 35c VALUE, AT 25.
A special offering of about 500 dozen women's wool Stockings, Burson fash
ioned, full seamless; good, warm, durable stockings, always sold at .lc a pair,
..:..,! fn.- ft.;2 ante at iC
CHILDREN'S HOSE, 25c Value, 17t
A special sale of children's fine, heavy,
fleece-lined cotton Stockings, in Win
ter weight, made in both 2x1 and 1x1
rib; suitable for both boys and girls;
all sizes from 6 to 10. Best 25c value,
on sale at 17
WOMEN'S WOOL UNDERWEAR,
$1.25 and $1.50 GARMENTS, AT 98
A special clean-up sale of broken lines of
women's wool I'nderwear in correct
Winter weights; perfect-fit 1 ing vests
and pants in all sizes; hand-trimmed:
garments that have always sold at $1.25
and $1.50. your choice this salc.Sc1
Wonderful Bargains in
Blankets, Comforters
Compare the following speeial values with any found elsewhere al the same
price, and you will readily see what we mean by "Best Values." The women
of Portland have, by their liberal patronage, certainly signified their approval
of these clean-up offerings. You cannot, fail to he impressed with the fact
that this is an unprecedented offering and one sure to pleae. We know of no
other store that places before you si-ch inducements as these.
specially priced for the
LOT
0
LOT 3 A line of extra large 12-4 gray cotton lak,"
ets, $1.50 value, specially priced for $l.-a
LOT 4 10-4 single gray wool Blankets, light and dark,
specially priced for $3.50
LOT 5 Full-size 11-4 light gray and fawn color wool
Blankets, good wearing quality, per pair $4.oU
LOT 6 A line of new plaid wool Blankets, full size.
pretty colorings, extra good value, specially Kieed.
per pair .$6.UO
1 Full-size grav and white cotton Blankets,
clean-UD sale
LOT 2 Full-size tan cotton Blankets. $1.25 value, extra wearing unlity.
special, per pair JpX.lJV
LOT 7 Full-size Comforts, extra heavy, dark colors,
regular $1.25 value, special 95
LOT 8 Full-size Comforts, filled with while cotton.
covered with good quality soft-finish silkoline;
special $1.40
LOT 9 Full-size extra heavy Comforts, covered with
best quality sateen, plain centers, pretty flowered
borders; specially priced for this sale $2.90
SMOKING JACKETS, SUSPENDERS, MUFFLERS,
GLOVES.
Men's Department
Now vou can revel in bargains; now you can buy the
longed-for garments. It is the beginning of the great
movement of clenn-up sales, and prices have crumbled. A.
hint to the thrifty: First comers get best choice. Here s
the list:
Third off on all Smoking Jackets.
Fourth off on all Fancy Suspenders.
Fourth off on all Mufflers.
$1.15 Men's grav kid Gloves, English make, regular
$1.50 value, $1.15.
A CLEAN-UP SALE IN
The Shoe Section
An after-Christmas sale of women's and men's
Slippers, women's Shoes, odd lots and broken
lines, priced for this sale at one-third and one
fourth less than real worth.
Women's fur-trimmed Julicls. $1.5(1 kinds. ..99
Women's leather Slippers, all sizes, $1.5(1 kinds,
at 99c1
Men's Slippers, black and tan, $2.IMI kind.$1.49
Men's Slippers, black and tan, $'2.50 kind. $2. 00
Women's Shoes, latest styles. .f: kinds. ..$2.37