The Detroit times., 1909-05-12
Il. HAMS FOUND
||LTY; IS HOPEFUL
~ Of VIM. z. Annis, Convicted
fanslaughter in First Degree,
TO Ask New Trial.

Jew YORK, May i2.-His convic'
- OF granddaughter In The first de
~ for killing VIM f. Annis mas not
1<fed the apathetic attitude OF Cap
= peter c. Hams. Jr.. and he spent
oniet and resfful a nigh. last night
&c has since he entered the Queens
unity Jail eight months ago. lie ex
ooted no concern today as TO the
diet rendered yesterday afternoon.
Ia r. Mcintyre and Dau'el O'Reilly
counsel for Captain Hams, are al
~ today preparing the motion tor
new trial which will be made be-
- Judge Garretson at Flushing on
nday. Both say they art confident
u they will be able TO set aside the
nnoIauEhter verdict.
The announcement OF foreman Sund'
-. OF the jury, that he and his fei'
- had found the captain guilty oi
Hlolaughter was totally unexpecte;
oyeryone interested in the case
worst the defense looked for was
Insanity acquittal IL developed
~ when the Jury left the courtroom
consider a verdict. six men stood
- conviction and six voted for ac'
<1ttal. A compromise m the fourtn
rlot resulted In the manslaught~r
ordict.
The Jurors discussed the "unwritten
~ IN all its aspects, and the testi-
nny OF the experts. They then de-
E1iod to take the third ballot and foro-
AN Stumbling announced the result %
- and six. showing that none OF the
.nrors after more than three hours OF
Elaboration had changed his original
&|o(e.
Prior to taking the third ballot u
erdict or manslaughter In the mrs.
*oxree was discussed. Juror Craft de-
.1ored positively that he would sIick
Eta Tor some kind OF conviction until
20 end OF time. A lively exchange
"A views followed as 10 the captain
nationality at the time he shot Annis.
Zone ri the six jurors who voted Tor
~ a'cquittal held out after their ero'n-
~ Jurors argued that the captain khe"
|he nature and quality OF his act:
The Jurors believed, Juror Craft
kn5ds that Mrs. Claudia Hams, the de-
|ondant's wife, had made confessions
~ her husband Of improper relations
<ith Annis and that Annis deserved
~ fate but not one OF them would
onttder the unwritten law and there
Ire the granddaughter verdict resulted
Daniel O'Reilly. OF counsel for the
&ofense said: There vas no evil
&once In this case to warrant YER
1Icf, OF granddaughter. IL should either
&nva been murder In the FIRST degree
n acouittal on the ground Of insanity.
The Jurors were permitted to roam
&bout the county in an automobils
md &C right to the verge OF the scene
n the homicide, which is clearly
,rninst the law. We will have affi-
1oyits to prove that such - the case
IA also that the jurors we're permit
"a to leave the jurisdiction OF the
souuty and have been on government
uroperty at Fort Totten. ali OF which
Viii be urged as a ground for setting
naide the verdict
Mrs. william +. Annis. widow Oh
ne man Capt. Hams shot, expressed
herself as. we'll satisfied with the YER
1ict.
I'VE did not clamor for the life OF
vauf Hams" she said today. All We
sarlfed was justice. and believe the
fordict vf the Jury Is convincing proof
n the great wrong Capt. Hains ala
~ when he robbed me OF my hus-
rand and my children OF their father.
1.-The case was tried on It's merits
Id Capt. Hams was fortunate not to
nave more serious verdict found
Against him."
/. Capt. Hams faces a prison term Of
rom one to twenty years.
There was. no demonstration IN
court when the verdict was announced.
capt Hams stood up and faced the
|ury. His shoulders were thrown
back IN military fashion. AS he heard
he verdict. his face became as white
10 chalk. He stood for few moments
staring at the jury. Then
cot his lawyers touched him quietly
md ne sat down.
A. few moments later. apparently
|.ttlA affected by the verdict. he walked
from the courtroom with steady
stride between his two lawyers. and
was'taken back TO the Queens county
jail1
In striking contrast to the demeanor
OF the prisoner was the grief OF his
aged father, Gen. Peter c. Hams. and
his brother. Mai John Power Hams.
Tor Ia moment they sat as II dazeh.
hen broke down and wept. The cap
<aiu1szReed another. who was sach a
pitifui figure In court during the trial.
vas not In court. having returned TO
New York In the afternoon. This pre-
caution was taken because OF the an
certainty OF the duration OF the jury's
deliberations and to shield her from
the shock Gen. Halns. however quick.
~ communicated the verdict to her
over the telephone.