The Barre daily times. (Barre, Vt.) 1897-1959, 1909-05-12
Jury ReyOrtS First Degree
ManSlaughter
WAS OUT TOUR HOURS
The Verdict Surprise to the Prisoners
Counsel and Friends and the Pros
ecution Alike--Penalty May
Be 20 Years.

Finishing, L, l., May IA verdict
Of manslaughter in the first degree was
rendered by the jury in the case Of
Peter c. Hams for the murder of viii
liam Z. Annis yesterday afternoon.
The verdict was a totally unexpected
surprise to the prisoners counsel and
friends and the prosecution alike. The
penalty is from one to twenty years in
the penitentiary.
The verdict was reported to the court
at 4:l0 o'clock in the afternoon after
just four hours and five minutes Of delib-
GRAFTON. Captain Hams heard his fate
reported to the court without a sign
Of iiinching.
The charge Of Justice Garretson was
clear, forcefu and eminently fair, with
the weight probably fayoriug the state.
Particularly on the grounds Of insanity
he took pains TO leave no doubt in the
mind Of juror.
He instructed them that If they be-
lieved Captain Hams was insane they
must bring in a verdict Of not guilty on
the grounds Of insanity. Such a verdict
would send Hains to Matteawan, where
Harry x. Thaw is inearcerated.
A remarkable phase Of his charge was
his reference to Mrs. Claudia Libbey
Hams. wife Of Captain Hams, who is
charged with being the motive for the
crime.
In all justice this woman should have
had her day in court he said.
Special Prosecutor Gregg concluded his
summing up in the first hour Of yester
days session. he devoted that hour
chiefly to refutation Of the plea Of
insanity. Immediately after he ended
the doors were locked and Justice Gar.
retson began his charge. The justice
stood a. be delivered HIS instructions.
This defendant said the Judge,
makes special plea that be was de-.
priyed 81 bis reason; that he did not
know the nature and quality Of his act
when he shot and killed William f. An
mis-. The law presumes him innocent o.
the crime charged until the prosecution
proves lis guilt. During the trial Of
the case there have been many contro
vefsies between counsel and the court
has been called upon to give rulings.
Gentlemen, You are not to consider
the rulings Of the court as giving any
suggestion az to the courts belief in
the matter Of the guilt or innocence Of
the accused
In this case the burden Of proof Is
upon the prosecution. 1t must show
that William f. Annis was shot and
Killed BY this defendant The prosccu-
ton must show that this defendant kill
Cd him in the manner contended and
the prosecution must establish the homi.
eide.
There II nothing IN this ease to per-
nit you, according to the law, to believe
that the killing was eScusable or insti.
fable. It is charged in the Indictment
that the defendant killed William r.
Annis with generalization and delibera-
tion, which is the charge Of murder
in the first degree. The law says that
deliberate design to kin must be shown
The time for this design may BE- very
varied. We know how quickly the hui
man mind acts.
III there was hesitation or doubt to
overcome, however short time it took
there Il design shown and the crime has
been committed.
THAT rests with you to decide from
the evidence whether there was premed-
itation and design to KILL You must
Judge when the evidence Of his acts
before the killing. ct the time 81 the
killing and after the killing