Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-12
CONVICT HAMS
OF FIRST DEGREE
MANSLAUGHTER
ANNIS' SLAYER FACES LONG
TERM IN PRISON
PLEA OF INSANITY DOES NOT
SAVE HOMICIDE
Jury Out Four Hours-Defense VIII
Ask for New Trial-cIair1s
TaIesmen Were Not
Guarded

EEg Associated Pregs.1

NLUSHING, L. l., May 11.-Capt.
II Peter c. Hams, jr., u. S. A. to-
night faces a prison term of from
one to twenty years. Despite the tes-
timony submitted by the defense to
show insanity, he was convicted of
manslaughter in the first degree for
killing William E. Annis at the Bayside
Yacht club last August.
Quickly following Hains' conviction,
his counsel declared that they would
produce affiadvits to show the jury
had not been properly guarded during
the trial, and upon this allegation will
seek a new trial.
These afidavits will be submitted
Monday, the time set for passing sem
tence.
There will, of course, be the usual
motions to set aside the verdict, but
the unguarded jury feature is the only
departure from the stereotyped proceed
ure looking to a new trial.
Daniel O'Reilly. of counsel for the de-
fendant, said: There was no evil
dence in this case to warrant a verdict
of manslaughter.
"It should either have been murder
in the first degree of acquittal on the
ground of insanity.
'The jurors were permitted to- roam
about the country in an automobile and
go right to the verge of the scene Of
the homicide, which is clearly against
the law.
To Get Affidavits
1--WE will have affidavits to prove
that such is the case, and also that the
jurors were permitted to leave the ju-
risdiction of the county and have been
on government property at FIT. Trotter,
all of which will be urged as ground for
setting aside the verdict"
The conviction came as surprise.
1t had been expected that verdict Of
acquittal on the grounds of insanity or
a disagreement would result.
No one was more surprised than Dis
trict Attorney Dewitt, who had said all
he could hope for was a disagreement.
Unlike the scenes attending the trial
of Thornton Hams, the defendants
brother who was acquitted of COM
plicity in the same crime, there was no
| demonstration in court when the YER
| dict was returned.
Capt. Hains stood up and faced the
| jury, throwing back his shoulders in
military fashion, while Foreman Sund-
ling recited the verdict. AS he heard
the decision Hams face was as white
as chalk. He stood for a few moments
motionless, staring at the jury
Halns Then Sits Down
Then one of his lawyers touched him
and he quietly sat down.
A few moments later apparently lit
tie affected by the verdict, he walked
from the court room with a steady
stride and was taken back to jail.
In striking contrast was the grief
Of his aged father Gen. Peter G. Hams,
sr, and of his brother, Major John P.
Hams.
For a moment they sat as if dazed,
then broke down and wept. The cap
tains mother was not in court. Gen.
Hains, however, quietly communicated
the verdict to her over the telephone.
After the jury was discharged Juror
Craft said four ballots were taken. On
the first ballot six of them voted for
murder in the first degree and six for
acquittal on the ground of insanity.
On the fourth ballot the compromise
of manslaughter in the first degree was
reached. Little consideration was Civ
en- to the expert testimony, Juror Craft
said
They believed he continued, that
Mrs. Claudia Hams had confessed to
her husband regarding improper. rela-
tions with Annis, and that Annis de-
served his fate. but none of them
would consider the unwritten law, and
therefore the manslaughter verdict re-
suited.