The Montgomery advertiser., 1909-05-12
CAPTAIN HAMS
FOUND GUILTY
Manslaughter in the
First Degree.
JURY WAS OUT FOUR HOURS
The Maximum Penalty Is Twenty
Years Imprisonment.
The Defendant was Remanaea % Gus.
today OF sherfn Until Monday
Mornsng when Sentence
VIII Ne Pronouneea.
JURY WAS OUT FOUR HOURS

Flushing. l.. L., May 11.~-After four
hours elaboration. the july In the case
of Capt Peter G. Hams. u. 8. A.
charged With the murder of William
Il. Annis on August Is last. brought ~
a verdict Of guilty OF granddaughter In
the first degree. this afternoon. The
maximum penalty IL twenty years Inn
prisonment.
Quickly following the young army
off1cers conviction his counsel AM
nounced that they would produce affi-
dayits to show that the jury had not
been properly guarded during the trial.
and upon this allegation viii urge that
new trial be granted. These am
davits will be submitted on Monday.
the time set for passing OF sentence
and for any motions that the defend.
ants counsel desires TO make. Theirs
will, OF course, be the usual motions
60 set aside the verdict as against the
law, bat the unguarded jury feature Ia
the only departure from the stereo-
typed procedure looking to new
trial &
Daniel o Reilly. OF counsel for this
defense. said:
There was no evidence in this case
20 warrant a verdict Of mansiaughfer.
It should either have been murder In
the first degree or acquittal on the
grouad Of insanity. The jurors were
nermitted 10 roam about the country
in an automobile and SO right 10 the
verge OF the scene OF the homfcioes
which is clearly against the law. We
is the case and also that the jurors
were permitted TO leave the turisdie-
tion Of the county and have been en
Government property at Fort Tottens
ali OF which win be urged as a ground
for setting aside the verdict"
The verdict came as q surprise.
had been expected that the jurors
would deliberate much I6nger and that
a verdict OF acauittai on the ground Of
insanity or q disagreement. would r8-
suit There was no demonstration In
court when the verdict was rendered.
Hains stood up and faced the Jury
sgsrns his snsu,s s',s in oysap na sana
ling recited the verdict. Az Ne heard
the decision Of the Jurors Hains' face
sxae a. white as chalk. He stood for
4 Jew momenss motionipes. staring ~
the furry after he heard The verdict one
Of his lawyers tosched him and IS
later, apparently little affected by the
verdict, he walked from the court room
with a steady stride and was taken
back to the Queens County jail
In striking contrast 10 the deuaeanet
OF the prisoner was the grief Or hia
aged father, Gen. Peter c. hains. ~.
and his brother. Major John Fcwef
Ffains. FOR q moment they sat as u
dared then broke down and wepf.
Mother Net I'm Court.
The captains aged mother who WA
such a pitiful figure in court during
the trial. was not In court, having re-
turned to New York early in the af
ssrroon This precaution was taken
hath because or the uncertainty OF ths
duration of the 3ury's deliberations ana
TO shield her from the shock.
General Hams. however. quickiy
communicated the verdict TO her over
the telephone.
After the jury was discharged, JureI
William Craft said four ballots vert
taken. On the first three ballots. sis
| voted for murder ins the first degrees
and six for acquittal on the ground
Of insanity On the fourth ballot
the compromise OF granddaughter 10
the first degree was reached.
Little consideration was given to tina
expert testimony. They believed, he
construed. that Mrs. Claudia HRins.
the defendants wife. had made con-
fession TO her husband OF improper
relations with Annfs and that Annls
deserved his fate. but none OF them
would consider the unwritten law and
therefore the mansiaughter verdict
resulted.
mrs. Annis was not In court today.
She was In court yesterday during the
summing up for the defense, bat NJ
no time was she called as a Witness
She was more surprised at the ver-
Dict than District Attorney Dewitt,
who had said all he could hope for
was dIsa greement.
The absence of demonstration fol-
lowing the verdict Was unlike the
scenes attending the trial of Thorn
tAs At -. ~
who was acquitted OF completely In
the same crime.