Atlanta semi-weekly journal. (Atlanta, Ga.) 1898-1920, 1909-05-14
HAMS IS GUILTY NJ
f.. Of MANSLAUGHTER
AFTER ENG OUT FOUR HOURS
JURY RETURNS VERDICT
WHICH is READ IN COURT TO
SURPRISED SPECTATORS.

FLUSHING, n. Y. May 11.-Captain
Peter c. HAins, who has been on trial,
charged with the murder Of William +.
Annis, the magazine writer, has been
found guilty of granddaughter in the first
degree. ..,. r. 80.
The defendant was remanded to the Gus
todv of the sheriff for sentence Monday
morning. --.t
1t is expected that counsel for Hams
will make the usual motions for stay of
sentence and will take an appeal The
maximum penalty is 20 years imprison-
ment.
Concluding argument and the charge of
the court were completed as the, clock
was striking the noon hour today. The
jury retired for its deliberations at l2:Oo
o'clock. r-s '- g.
After being out four hours the jury re-
turned with a verdict of guilty. The fact
that verdict was reached in so short
time caused general surprise, as it was
believed the jury would not be able to
agree. SIR
When court opened today 1t was expect
ed the case against PeteI c. Hams, Jr,
charged with murder of William E. Anris.
would be given to the jury by noon .EX-
District Attorney George A. Gregg con-
cuded his argument at 1880 a. m. after
which came the charge Of Justice Gar
retson. The justice announced that this
would occupy about one hour.
The case went to the jury at l2:05 and
court took recess.
General and Mrs. Hams. the defend
ants parents. came into court soon after
Mr.. Gregg resumed his remarks They
did not greet the prisoner. but took their
seats near the table at which he sat.
Insanity the Plea
In the event of Captain Hams acquittal
on the grounds of insanity at the time
he shot and killed Annis at the Bayside
Yacht club last August, the question Of
his present mental state arises. Mr. Nc
Intyre has not hesitated to say that he
believes his client is insane at the pres
ent time. Should Justice Garretson share
this belief he might issue an order for
the defendant to be confined in state
institution for the insane until he is pro-
nounced cured. .-.
Resuming his remarks to the jury, Mr.
Gregg, from the testimony of the de-
fense's alienists, in which they said the
defendant was suffering from ''lmpulsive
insanity when he shot Annis and that
the attack subsidized as soon as the act
was completed.
Now, what kind of insanity do yeu
call that?" said the prosecutor. II ask
termining whether this man was insane
on August 10. 190S.''-
The prosecutor declared that General
Hams and Thornton Hams had taken
refuge behind the answer, II don't re-
member" while under cross-examination.
I'VE could never get any of the rational
speeches of Captain Hams out OF them, q"
said Mr.. Gregg. "Only the CLASSY eyes.
the twitehing face and the shutting
walk ..-..-.
The Rights of the Jury
During the delivery of the charge of
Justice Garretson to the jury, which fol-
lowed the conclusion of Mr.. Gregg's argu-
ment, no one was allowed to enter or
leave the court room.
THE jury. has the right from the re-
suits to find an intent to kim" said Jus
tice Garretson, but there must not only
be an intent, but also a premeditated and
deliberate design to kill"
The court defined murder in the first
degree and second degree and man
, slaughter. He said there was nothing in
the record on which the jury could as
sumo that the defendants act was justi-
fled or excusable.
Presumption of Sanity
Justice Garretson said that the pre-
sumption of sanity existed and 1t was for
the jury to say whether that presumption
! had been removed by the evidence.
Speaking of the domestic relations of
the defendant, Justice Garretson said
the truth of the allegations against Mrs.
Hams and Annis did not have to be
shown, 1t was sufficient, in considering
the defendants mental condition If he
had been told of such relations and he be-
lieved them to have existed. I'm fairness
and justice, Mrs Claudia Hams should
have had her say in court to answer such
grave charges said the justice. Mel
ther she nor the dead man. Annis, are on
trial in this case"
The court at 1905 n. m. told the jury to
| retire and ordered a recess until o'clock.