The Birmingham age-herald., 1909-05-12
CONVICTION FUR
 CAPTAIN HANS Verdict of Jury Is MansIaugh-
 ter in First Degree RESULT CAUSES SURPRISE Attorneys for Defense File Motion for New Trial at once-Jury Takes
 No Heed of the Insanity
 Plea of Defense.
RESULT CAUSES SURPRISE

Flushing, N Y, May n.-After four hours deliberation the jury in the case of Capt. Peter c. Hains, U. S. A, charged with the murder of William E. Annls on August 15 last. brought in a verdict of guilty of manslaughter in the first de- gree this afternoon. The maximum pen alty is 20 years Imprisonment.
 Quickly following the young army off cer's conviction, his counsel announced that they would produce affdayits to show that the jury had not been properly guarded during the trial, and upon this allegation will urge that a new trial be granted. These affidavits will be sub mitted on Monday, the time set for pass ing of sentence and for any motions that the defendants counsel desires to make There will. of course be the usual mo- tiona t, set aside the verdict as against t.e weight of evidence and contrary to law, but the unguarded jury feature is the only departure from the stereotyped procedure looking to a new trial
 Evidence Not Good
 Daniel o'Reilly of counsel for the de- fense said:
 There was no evidence in this case ! to warrant verdict of manslaughter. It should either have been murder in the first degree or acuuittal on the ground of insanity: The jurors were permitted to roam about the county in an auto mobile and go right to the verge of the scene of the homicide, which Is clearly against the law. We will have affidavits to prove that such is the case and also that the jurors were permitted to leave the Jurisdiction of the county and have been on government property at Fort Totten. all of which will be urged as a ground for setting aside the verdict" The conviction came a general sur prise. It had been expected that the Jurors would deliberate much longer and that a irdict of aoquittal on the ground of insal lty, or a disagreement, would result. here was no demonstration in court when the verdict was rendered.
 Verdict Received.
 Hains stood up and faced the jury, squaring his shoulders. thrown back in military fashion. while Foreman Sundling reolted the verdict. As he heard the decision of the jurors Hains' face was as white as chalk. He stood for a few moments motionless, staring at the jury after he heard the verdict. One of his lawyers touched him and he quietly sat down. A few moments later, apparently little affected by the verdict, he walked from the court room with steady stride and was taken back to the Queens coun- ty jail.
 In striking contrast to the demeanor of the prisoner was the grief of his aged father, Gen. Peter c. Hains. and his brother. Maj. John Power Hains For moment they sat as if dazed then broke down and wept
 The captains aged mother, who was such a pitiable figure in court during the trial was not in court, having re- turned to New York early in the after noon. This precaution was taken both because of the uncertainty of the dura- tion of the jury's deliberations and to shield her from the shock.
 General Hains, however quickly com municated the verdict to her over the telephone.
 Four Ballots Taken.
 After the jury was discharged Juror William Craft said four ballots were taken. On the first three ballots six voted for murder in the first degree and six for acquittal on the ground of insanity. On the fourth ballot the com promise of manslaughter In the first degree was reached.
 Little consideration was given to the expert testimony. They believed that Mrs. Claudia Hains. the defendants wife. had made a confession to her hus- band of improper relations with Annis and that Annis deserved his fate, but none of them would consider the un- written law and, therefore, the man. slaughter verdict resulted.
 No one was more surprised at the verdict that District Attorney Dewitt. who had said /Jall he could hope for was a disagreement
 The absence of demonstration follow ing the verdict was unlike the scenes attending the trial of Thornton Hains. the defendants brother. who was ac- quilted of complicty in the same crime.