Omaha daily bee., 1909-05-12
CAPTAIN HAINES
FOUND GUILTY
Slayer of William c. Annis is Con-
victed of Manslaughter in
the First Degree.
BOTH SIDES ARE SURPRISED
Best District Attorney Hoped for Was
a Disagreement.
JURY OUT BUT THREE HOURS
Four Ballots Taken and Panel was
Equally Divided on First Three.
WILL MOVE FOR NEW TRIAL
Defense VIII AIIege That Jury Was
Not Properly Guarded and That
verdict is Not Warranted
by the Evidence.
Best District Attorney Hoped for Was
a Disagreement
'URY OUT BUT THREE HOURS
Four Ballots Taken and Panel was
Equally Divided on First Three.
WILL MOVE FOR NEW TRIAL

FLUSHING. N. Y. May 11.-Captain
Peter c. Hains, jr.. L. s. A, tonight faces.
a prison term Of from one to twenty years.
Despite the testimony submitted by the
defense as tending to show insanity, he
was convicted late today Of manslaughter
in the first degree for killing william F.
Annis at the Baysde Yacht club last
August.
Quietly following the young army Off
GERS conviction, his counsel announced
that they would produce affldavits to show
that the Jury had not been properly
guarded during the trial, and upon this
allegation will urge that new trial be
granted. Those affidavits will be submit
ted on Monday, the time set for passing
sentence, and for any motions that the de-
fendant's counsel desire to make There
will, of course. he the usual motions to
set aside the verdict as against the weight
of evidence and contrary TO law, but the
unguarded jury feature is the only de-
parture from the usual procedure look
ing to n new trial
Both sides Surprised.
Daniel O'Reilly of counsel defense, SAID;
There was no evidence In this case to
warrant a verdict of menslaughter. 1t
should either have been murder in the
first degree or acquittal on the ground OF
insanity The jurors were permitted to
roam about the county in an automobile
and go right TO the verge of the scene of
the homicide, which is clearly against the
law. We will have affidavits to prove
that such\ is the case, and also that the
Jurors were permitted to leave the jurisdic-
ton of the county, and have been on gov
ernment property at Fort Totten, all of
which will he urged as a ground for set
ting aside the verdict"
The conviction, after the jury had been
out less than three hours came as a sur
price. 1t had been expected that verdict
of acquittal on the ground of insanity, or
disagreement would result
No one was no more surprised than Dis
trict Attorney Dewitt. who had said all he
could hope for was a disagreement.
Unlike the scenes attending the trial Of
Thornton Hains, the defendants brother,
who was acquitted of completely in the
crime, there was no demonstration in court
when the verdict was rendered.
Defendant Little Affected,
Captain Hams stood up and faced the
jury. squaring his shoulders. thrown back
in military fashion, while Foreman Sund-1
ling recited the verdict. AS he heard the
decision of the Jurors, Halns face was as
white as chalk, He stood for few mo-
ments motionless, staring at the jury after
he heard the verdict Then one of his
lawyers touched him and he quickly sat
down.
A few moments later, apparently little
affected by the verdict, he walked from
the court room with a steady step, between
his two lawyers. and was taken back to
the Queens county jail.
In striking contrast was the grief of his
aged father, General Peter c. Hams and
his brother, Major John Power Haines.
For moment they sat as If dazed. then
broke down and wept. The captains
mother was not in court, having returned
to New York early in the afternoon This
precaution was taken both. because of the
uncertainty Of the duration Of the jury's
deliberations and to shield her from the
shock. General Hams. however, quickly
communicated the verdict to her over the
telephone.
Four Ballots Taken.
After the jury was discharged. juror No.
8, William Craft said four ballots we're
taken. on the first three ballots six voted
for murder in the first degree and six for
acquittal on the ground OF insanity On
the fourth ballot the compromise OF man
slaughter I'm the first degree was reached
Little consideration was given to the ex-
pert testimony Juror Craft said. They
believed, he continued, that Mrs. Claudia
Hams, the defendants wife had made a
confession to her husband of improper re-
latiOns with ADniS nd that Annie da.or,,a,a
his fate, but none OF them would consider
the unwrttten law and therefore the man
slaughter verdict resulted.
Mrs. Annis was not in court today. She
was in court yesterday during the sum
ming up of the defense, but at no time
called as a witness