Rogue River courier. (Grants Pass, Or.) 1886-1927, 1909-05-14
PETER C. HAMS
CONVICTED BY JURY
The Verdict Was a Great Surprise
to the Prisoner, His Counsel
and His Friends.

y oPSNldl udleu fluSnlng, New
York, May II, gives a careful ac-
count of the close OF the trial of
Captain Peter C. Hains, Jr. The
trial was called at 10 a. m. and the
district attorney concluded his argu-
ment and then came the charge of
Justice Garretson.
1t was generally known that the
case would go to the jury during the
morning and this fact wakened re-
newed interest in the case and con-
sequently the court room was well
filled with those who have from time
to time been in attendance on the
trial.
General Hams and Mrs. Hains. the
defendants parents, came into court
few minutes after Mr.. Gregg re-
sumed his remarks. They did not
greet the prisoner, but took their
seats near the table at which he sat.
In the event of Captain Hams ac-
quittal on the grounds of insanity
at the time he shot and killed Annis
at the Baysde Yacht Club, last Aug
ust, the question of his present men
tai state arises. MIR. Mcintyre has
not hesitated to say that he believes
his client is insane at the present
time. Should Judge Garretson share
this belief, he may issue an order for
the defendant to be confined in
state institution until he has been
pronounced cured.
The jury has the right, from the
results, to find All intent to Kill"
said Justice Garretson, in h!s charge
to the jury, but there must not
only be an intent. but eis0 a prel"cd,-
tated and deliberate design u kil'"
The court said there was nothing
in the record on which the j4ry could
assume that the dyt ,ndant act was
justified or eXcusable. He told the
jury that if no premeditation was
found, the jury should consider a
verdict of murder in the second de-
gree or manslaughter in the first
degree, the Judge defining the lat
ter as killing on the impulse of the
moment in the heat of passion or be-
cause of a peculiar set of circum-
stances which confronts.
Judge Garretson said the presump-
tion of sanity existed and it was for
the jury to say whether that pre-
sumption 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 consideration of the defendants
mental condition, if he had been told
of such relations and he believed
them to have existed.
In fairness and Justice, Mrs.
Claudia Hams should have her say
in court, to answer such grave
charges said the justice Neither
she nor the dead man are on trial in
this case"
The jury then retired.
A later dispatch gives the particu-
lars Of the return of the jury TO the
courtroom and the verdict. The dis
patch says
The jury in the case of Captain
Peter c. Hams, Jr., L. S, A., charged
with the murder of William e. Annis
on August 10, 1908, brought in a
verdict Of guilty Of mansaughter in
the first degree this afternoon. The
jury had been out four hours.
The defendant was remanded to
the custody of the sheriff for sen.
tence on Monday morning.
1t is expected that counsel foi
Hams will make the usual motion
for stay of sentence and will take
; an appeal.
The maximum penalty is 20 year.
In prison.
The verdict was surprise tc
hains and his counsel. After tn,
jury had retired today, Attorne!
Mcintyre for the defense, said
81 believe the jury will remain ou
"a hours and then be discharged
on account of It's inability to reacl
verdict"
Mr.. Mcintyre said after the jur.
retired that he had credltable in
formation that two Of the Juror
were opposed to a defense Of insan
fly and would not vote for acquitta
on that ground.
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