Evening star., 1909-05-11
Verdict Next Step in Case of
Capt. Hains.
JUDGE COMPLETES CHARGE
Special Attorney for Prosecution
Makes Final Address.
SPEAKS OF I DON'T REMEMBER
Declares Father and Brother of De-
fendant Took Refuge Behind
Answer-Recess Taken.

FLUSHING. y. Y. May 1.-THE case
against Peter C. Hains jr.. charged with
the murder of William f. Annis. was
given to the jury at five minutes after the
noon hour today. ExDistrict Attorney
George a. Gregg concluded his argument
at 1880 o'clock, after which came the
charge of Justice Garretson..
Gen. Hams and Mrs Hams. the defend
ants parents entered the courtroom soon
after Mr.. Gregg resumed his remarks.
They did not greet the prisoner. but took
seats near the table at which he sat. Mrs.
Hains sat between her husband and her
son, Maj. Hams
In the event of Capt. Hams aCquittal
on the grounds OF insanity at the time he
shot and killed Annis at the Bayside
Yacht Club last August the question of
his present mental state arises. Mr.. Nc
Jntyrs has not hesitated to say that he
believes his client is insane at the present
time. Should Justice GarretsoT share this
belief he might issue an order for the de-
fendant to be confined in a state institu-
tion for the insane until he is pronounced
cured.
What Is "Impulsive InsanityP'
Resuming his remarks to the jury to-
day, Mr.. Gregg read from the testimony
of the defendants alienists, in which they
said the defendant was suffering from
''impulsive insanity" when he shot and
killed Annis, and that the attack sub
sided as soon as the act committed.
Now. what kind of insanity do you
call that the prosecutor remarked. Il
ask You to use your own good common
sense in determining whether this man
was insane August IL, f!US.
DIR. Houghton, the physician who at
tended Annis on the yaC-it club float
after the shooting MIR. Gregg contin-
IIed, was in position TO observe the
defendant closely at that time. and he
did not see any drawn face, or CLASSY
eyes, or twitching muscles, or any ir-
rational action.
The prosecutor declared that Gen.
Hams and Thornton Hams had taken
refuge behind the answer. II don't re-
member while under cross-examination.
We could never get any of the rational
speeches of Capt. Hams out of them.
Mr.. Gregg said. only the CLASSY eyes,
the twitching face and the shuffing
walk
Judge Delivers Charge.
During the delivery of the charge of
Justice Garretson to the jury. which fol-
lowed the conclusion of Greggs argument,
no one was allowed to enter Or leave the
courtroom.
The jurors arose and remained stand
ing during the first part of Justice Gar
retson's charge. The court warned the
jurors against being swayed ,one way or
the other by sympathy. He said the
jurors were the sole judges of all the
facts.
The jury has the right, from the re-
suits, to find an intent to KILL Justice
Garretson explained. but there must not
only be an intent. but also premeditated
and deliberate design to KILL
For Jury to Decide.
is there premeditation in this case?"
asked the court. THAT is for you to
decide after careful study of all the
evidence If you find no generalization
il is your duty to consider whether the
defendants act comes within the def
milton of murder In the second degree.
One may be guilty of manslaughter
in the first degree who kills on the inn
pulse of the moment in the heat of pas
sion or because of peculiar set of cir
eumstances which confronts him.
Justice Garretson said reasonable
doubt would not be mere impression,
but moral certainty of the doubt.
IF YOU believe this defendant has es-
tablished legal responsibility, no
matter what your findings on the gem
eral issues may be, he is not guilty of
the crime" Justice Garretson said but
the law has laid down simple tests and
standards in regard to insanity. and it is
Tor You To apply tneSe tests In cOnSlQ-
ering the evidence. To be insane under
the law the defendant must have been
In such an unbalanced state of mind as
not to have known the nature and quail
ity of his act and that it was wrong.
Presumption of Sanity.
Justice Garretson said the presumption
of sanity existed. and it was for the
jury to say whether that presumption
had been removed by the evidence.
Referring to the testimony of the alien
lists. Justice Garretson said the law did
not even permit learned men in medical
science to come into court and furnish
oracular dogmatic opinions. They
must show how they reached these opin-
ions. Justice Garretson pointed out
and ii Is for you to decide the efficiency
and soundness of those opinions"
Speaking of the domestic relations of
the defendant. Justice Garretson said the
truth of the allegations against Mrs.
Hams and Annis did not have to be
SHOWN 1t was sufficient, in considering
the defendants mental condition. if he
mad been told OF such relations and he
believed them to have existed
In fairness and justice Mrs. Claudia
Hafns should have her day in court to
answer such grave charges" said the
)ustice Neither she nor the dead man.
Annis, are on trial in this case"
me court declared that the neglect or
refusai OF the defendant to testify in his
own behalf did not create any presumn-
tion against him
One OF Several Verdicts Possible.
In concluding his remarks Justice Gar
retson told the jury they might bring in
any one of the following verdicts: Guilty
Of murder in the first degree, guilty of
murder N the second degree, guilty of
nanslaughter in the first degree, not gull
ty. or not guilty on the ground of in
sanity.
The lawyers on both sides requested
Eistice Garretson at the conclusion of
Gs remarks to charge the jury specifically