The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1909-05-12
JURORS WERE OUT
BUT THREE HOURS
O'UsINy Thinks Client Suffered
BY Public CIamOr for
Conviction

Flushing, ~ Y, May t2.-Captain
peter G. Halns. IT,. u, s. A..
faces prison term OF from one to
twenty years. Despite the testimony
submitted by the defense as tending
10 show insanity, he was conyicteu
late yesterday OF manslaughter N the
lirst deg ee for killing William y. An
mis- at the Bayside Yacht club last
August.
Quickly following the yoang army
oflicers conviction his counsel an
nounced that they would produce az
adavIts tO show the jury had not been
properly guarded during the trial and
ubon this allegation will urge that A
new trial be granted These ntiidaylts
will be submitted on Monday, the time
Tor passage OF sentence, and for any
motions that the defendants counsel
desire 10 make.
There will be new motions to set
aside the verdict Is against tine weight
of evidence and contrary 70 the law,
but the unguarded Jury feature Is the
only departure from the stereotyped
nrocedme looking 10 d new trial.
pan o'RelIy Talks.
Daniel ORellly Of counsel for the
defense, said; There was no evidence
N this case 10 warrant verdict OF
manslaughter. II should be murder IN
the first degree OF acqulttal on the
ground al insanity The jurors were
nermitfad 10 roam about the country
m an automobile and 30 right to the
verge of the homicide. which Is clearly
aealnst :he law. We will have aiiidav-
lis to prove that such is the case ana
also tbs. the Jurors were permitted
10 leave the Jurisdiction Of the county
and have been on government property
al Fort Totten. all of which will be
ureed as ground for setting aside
the verdict
The conviction after the jury haa
been GU. less than three hours came
as q surprise. Il had been expected
that verdict Of aequltlal on the
ground Of insanity, or disagreement
would result. No one was more sur
prlsed than District Attorney Dewitt
who had said all be could hope Ior
was disagreement
Unlike the scenes attending the trlal
of Thornton Halns. the defendant
brother. who was acquitted OF compile
lty In tho same crime, there was ~
demonstr ton In court when the yer
dict was rendered
Halns was Calm.
CAPTAIN Halns stood up and faced
the Iuey his shoulders thrown bach
IN military fashion, while Foreman
sundlinR recited the verdict Az be
heard the decision Of the jurors
Hains face was as white as chalk
He stood for a few moments motion
legs. staring at the Jury after he hearl
the verdict Then one Of his lawyers
touched him and he quietly sat down
A few moments later, apparently III
tie afecsed by the verdict, he walke'
from the court room with STEADY
stride. between his two lawyers an'
was takei back to the Queens county
iall
In striking contrast was the grief 0
his aged father General Peter Z
Pains and his brother, Major John 7
Haina For moment they sat AZ !
dazed, then broke down and wept. TN
captains mother was not In court. nav
ing returned to New York early In tn
afternoon. This precautlon was takel
because Of the uncertainty Of the dui
alton of the jury's deliberations an
10 shield her from the shock Geneg
ri Halns, however. quickly cummun
Gated the verdict to her over the tell
phone.
Took Four nallnte.
After the Jury was discharged Juro
William Graft said four ballots wer
taken. one the first three ballots 81
voted for murder in the first degre
and six for aenuittai on the groun
Of Inaahity On the fourth ballot u
oomnronnSe Of manslaughtef In th
flrst degrke was reached. Little eoi
Alteration was given 10 the expert fe
tlmony. amor Craig said.
TheYai believed he continued. tla
Mrs. Claudia fInlns the defendant
wife had made a confession 20 ~
husband Of improper relations WI
Annis ana thai Annls deserved b
fate. but none Of them would cnnsio'
the unwrlilen Law, and therefore v
manaIaaahier verdict WAS reached,