The Cairo bulletin., 1909-05-12
JURY OUT THREE HoURS-EvEN
DISTRICT ATTORNEY DE-
WITT WAS SURPRISED
AT VERDICT. -
DEFENSE SAYS JURY
WAS LOSELY GUARDED
VIII Have Affidavts to This Effect
Monday, Time SGT For Passing
Sentence, Which Nav Be
From One to Twenty
Years.

Flushing, n. Y. May 1-Captaiu
Peter c. Hams, Jr, e. s A.. tnnight
faces Il prison term Of rom one II
twenty years. Despite all the testi
mony submitted by the defense to
show insanity he was con yieted late
today of manslaughter In the first de-
gree for killing William e. Anns last
August. QrickIy following tbe army
officers conviction, his counsel an
ncunceI that they would produce ani.
'Isyi,s tn show that the jury bad not
been properly guarded during the
trial and upon Fhis alteration viii
urge that a new trial be granted.
Atfidavits MonGsv.
These affidavts win be submitted
Monday the time set for passing sen
tence and for any motions the defend
ants counsel desire to make There
will, Of course. be the usual motions
10 set aside the verdict as againt
the weight of the evidence aud con
trary to law. but the jury feature is
the only departure from the sterel-
typed procedure looking to nov
trial
Verdict Not Warranted.
Daniel O'Reilly of the counsel for
he defense said: There was no evi.
denee in this case to warrant vcr-
diet OF manslaughter II should either
have been murder in the first degree
.nr aequHtal on the ground of Insanity.
The jury were permitted to room
about the county in an automobile
and to go right TO the verge Of the
scene on the Potomac, which is
clearly against the law.
Jury Left County.
Eve will have affidavlts to prove
that such Is the case ami also that
theiurors were permitted to leave
the Jurisdiction of the county and
have been on government property at
Fort Totten. all Of which will he
lrgel as grounds for setting aside
he verdict"
The conviction of Hams after the
Jury had been out less than three
Il had been expected that the jury
would deliberate much longer and
that a verdict Of acquittal on tho
ground of insanity or disagree
nent would be returned
District Attorney Surprised.
No one was more SURPRISED than
District Attorney Dewitt, who had
sail that all he could nope for was a
disagreement. As he heard the de-
aison Of the jurors, Hams face was
as white as chalk He stood for a
few minutes motionless. staring at
he jury after he had heard the YER
lict then one of his lawyers toucho4
him and he quickly sat down. Ap-
parently little affected by the verdict
he was taken back 10 the Queens
county Jail
Father Deeoly Grieved.
IN striking contrast to the de-
pcanor of tho prisoner was the grief
If his aged father. Genera Peter c.
'Hains. and his brother Major John
Powers Hains. For a moment ttev
sat as If daZed, then broke down and
wept. Captains Hains' aged mother
was not In court
Jurors Statement
After the jury was DISCHARGED.
Juror Wm Craft said little cousidera-
'inn was given to che expert testi-
noEy They believed. he continued
that Mrs. Claudia Hams. ,He defend
ants wife. had made a confession to
her husband of improper relations
with Annis and that Anu-S deserved
the fate. hrt none &c them would
consider the unwritten law and there
fore the ma1slaughtor verdict r
suited.