New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-05-12
HAMS FOUND GUILTY
M4NSL1UGHTER
IN FIRST DECREE.
Jurors, Equally Diuided at Start Be
t5cecn Murder and AcquittaJ for
Insanity, Compromise.

How say you?' asked the clerk OF the Iore-
man of the jury trying Captain Peter c Hams
ir for the murder of William f. Annis In the
Supreme Court at Flushing yesterday after
noon.
I'VE find the defendant guilty OF mansiaueh'er
| in the first degree" said August Sundling
| The defendant was facing the jury He did
not faIter or waver, and seemed not to care
His father who had expected verdict OF ac-
quttal on the ground Of insanity, and the pris-
oner's brother, Major Hams. seemed crusheu-
An effort will be made TO get new trial Ihe
/ sentence may be from one to twenty years
-Four ballots were required to reach verdict
the inrors standing six to six on three ballots.
| Ex-Distrfct Attorney Gregg completed his
summing I'D in half an hour yesterday morning
! scoring the insanity plea and not sparlng the
alienists He called attention TO Mr. Mcln-
tvre's assertion that the killing of Annis was
IAN act of God" But he said. Mr.. NC
/ Intvre seems to have forgotten that the Sixth
/ commandment. law of God. said Thou shalt
not kill"
Justice Garretson in his charge referred to
Mrs Claudia Hains SAYING: In fairness and
Justice this woman should have her day in court
We ought to have heard the story from both
sides
The i1r, retired at IL 30 p. m. and had lunch
con before beginning their deliberations. They
entered the Jury room at o'clock. During the
deIibera tions. which lasted just three hours
policemen guarded not only the steel door lead
ing 10 the jury room from the courthouse hall.
but the sidewalk as we'll so that no one could
approach the windows Of the room from the
outside
Captain Hams under heavy guard, paced
up and down the courtroom, pulling at his hair
and beard and gnaving at his mustache- But
his perfect control returned before the jury re-
entered the courtroom.
JURY OUT THREE HOURS.
There was a stir in the lower hall shortly be
fore o'clock. and word was sent TO the Court
that the Jury was ready to go upstairs Justice
Garretson when he took his place, cautioned tne
spectators against making any demonstration
Of approval or disapprcval upon the announce
rnent Of the verdict. which vas received in
silence
MI Mcintyre at once asked for one week IN
which to prepare the necessary motions and
afidavits for trial
u think the prisoner should be sentenced dur
ing the present term Of court" said District
Attorney De witt and the Court asked II MY
Mcintyre could not be ready by Monday he
agreed 10 this and Justice Garretson remanded
the prisoner 10 the keeping Of Sheriff Harvey.
Turning 20 the jury, Justice Garretson said
Gentlemen. 1ish 10 say Simply this: You
are entitled 70 the thanks OF the Court and OF
the people OF this county for your patient enort
30 hear all this case and reach conclusion you
have performed public duty II is service
that NAV or may not be appreciated by your
fellow citizens; but it is patriotic service ano
deserves the warmest commendatlon. lou are
discharged with thanks.
As the crowd hled out of the courtroom a re-
porter asked General Hams for an expression
OF opinion on the verdict
you'll have TO get it from some one else" said
he You will get nothing from me-
The verdict is ridiculous upon its face said
MI MCINTYRE. 1t is compromise verdict pure
and simple We had reason TO expect either
murder verdict or an acquittaI. for IL the man
/ did not commit murder he was insane We Will
appeal OF course. If only to establish his posi-
,ion In the army. There plenty Of errors
in the course OF the trial upon which to base an
appeal for new trial There is no doubt, how
ever that the judge will sentence the captain
on Monday
The state is eminently satisfied" said District
Attorney De witt This is the verdict have
looked for since the case for the defence ended.
We knew We could puncture the insanity plea,
There was no denial of the crime attempt to
deny it
JUROR TELLS OF DELIBERATIONS.
Wilbur Craft Of Jamaica the sixth juror, said
that the first ballot showed six for the first
degree murder and six for acquittal on the
ground Of insanity. Those favoring first degree
murder with him. he said. Sunding. Higbie
Nilsson Schaubluth and Kuecke. The jurors
who wished to acquit on the ground of insanity
he said. were Appel. Denton Nicholas, Terhune.
Eisenhocfr and Lafner.
when We entered the jury room and started
TO talk over the case" said MIR. Craft. Il had
my mind made up and did not hesitate to tell
the other jurors that I wanted first degree
conviction and would remain there till hell
froze over rather than vote for verdict that
was against my conscience There were all
sorts. of things said. such Annis got only
what was coming to him. and there was deal
of sympathy expressed for the relatives of Cap
tain Hams
What weight did you give to expert testt-
mony?'' he asked
''AlI the experts received equal weight. We
believed they were paid for their work and had
10 earn their money. We decided the insanity
part upon the lay testimony. We dlscredited
two experts, one because he disagreed with
textbooks and the other because of his lack of
knowledge Both upon the same side
What part did sympathy play in reaching the
verdct?" he asked
THE very largest part of all Some said they
would have done the same thing
Referring to Captain Hains he said
THAT man Is absolutely He looked
straight into our eyes while the verdict was
being pronounced. 1 know that sympathy ruled
the other six" He indicated that Mr.. Higbie
compromise.
CONCERTED GRAVE TO KEEP WIFE OUT
She Sues Father of Her Late Husband to De-