The Washington herald., 1909-05-12

Eains. L. S. a. wno sEot Ni-i-alA u
Annis 70 death last August Al the Bay
side Yacht Club. was convicted OF man
slauzhter IN the first degree at Flush
ing this afternoon.
The punishment for this crime may be
IS much as twenty years imprisonment
The verdi,t was a great surprise. not
only 10 the prisoner. but 20 those Who had
followed Tie case from its start. not so
much because Of the partial collapse OF
cant Hams insanity defense, but be
cause in the same court room, only three
months ago. another jury Of Queens
County farmers had acquitted his brother,
Thornton c. Hams. who took an active
hand in the Staying Of Annis and who
was regarded as standing in much more
peril Of The law than did Peter Hams
The Jury took the Issue into their OWa
hands at 12-05 o'clock this afternoon, and
Justice Garretson finished his charge. In
which be had told them that Il they had
a reasonable doubt regarding the-defead-
ants sanity at the moment OF the crime,
thew must give him the benefit OF that
doubt and acQuit.
No Demonstration Made
Neither inside the court nor outside was
tae-s the slightest demonstration OF ap-
p-oval or dlsapUrovzI al the verdict 4
bir crowd cheered Thornton Haius when
he was acquitted
At 4.0I, Just four hours, lacking four
minutes from the tine they took the.
case the jurcrs sent word TO the justice
that they had agreed. AZ once word was
sent 10 bring Capt Hams from the ante
-oorn where with his lawyers. his father.
Ger. Hams. and his brother, MAJ John
Hams he had been waiting
He entered the old town hail az Flush
ing at k:07. escorted by two under-shertffs
and his force OF lawyers At the same
moment the Jurors fled II. There was
only a small crowd.
gentlemen" inquired the clerk, have.
YOU reached a verdict"
Foreman Sundlirg nodded
without waiting 10 be told, Capt Hams
stood I'd. facing the jury calmly There
was 20 sign Of agitation about the erna-
ciated bearded army officer. =-
Jurors. look upon the defendant,
said the clerk. Defendant, look upon
thc jurors"
silence IN Court Room.
In the silence one could hear through
the open windows the nurmCrs Of a big
swarm OF Flushing townspeople outside
the building
Foreman sundling's English IS 2 slow
and lab0red speech
we. the jury" he said. find the de-
ser6an, guilty o. msnslaUghter in the
FIST degree"
Then at the pol Of the clerk each Juror
nodded OF murmured his assent 10 this
finding
Cant. Hams bIinked his near-sighted
eyes once OF twice. Then he sat down
slowly without a word or sign he was
seemingly the calmest man inside the il
closure. OF else he was stunned into ply
sical numbness.
His aged father bent forward until his
head touched the back Of Lawyer Dan
O-Reilly's hair. He began TO weep with
Ereat, choking sObs that shook his frame.
Maj Hams sat for q moment with his
head down, and his lips working Then,
staggering Ike a drunken man. he made
his way out OF the room 70 z telephone
whence he called I'D the Hotel Astor n
Manhattan and broke the news 10 his in
valid mother, and 20 his recently acqUit-
ted brother. Thornton. Thev had been
a. the hotel al day confident Of a &C
cuittal.
Makes Motion for Delay.
Trained criminal lawyer though he Is.
and accustomed TO the laws surprises,
John F. Mcintyre was taken aImcst OF
his seet by the shock Of the unexpected
verdict He was Up. though. in q minute.
making q motion 1or delay Of a week be-
fCre pronOuncing sentence IN which 10
prepare an argument for new triaI.
Justice GaTTets0n said he thought :
stay until next Monday would De annie
He therefore remanded the captain 10
the Long Island City fail until Monday.
and told Mr. Mcintyre he would be pre-
pared to hear him at 10 O'Clock on that
day.
Turning to the Jurors, the justice said.
Gentlemen I desire 10 congratulate
you upon your faithful and inteuiren+
Iabors IN this case. For three zeel7s
YOU have devoted your entire tine arc
attention 20 the interests OF the general
public You are discharged"
Within five minutes Capt. Hams was
riding, handcuhed. back 70 the cell in
Tie Long Island City Jail. which he has
occupied for nine minths. and which be
had expected never 70 see again.
To convict the army captain the Jurors
had not only 10 disregard the insanity /
CoHtinued on Page 8. Column :