The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-05-12
CAPTAIN p. c. HAMS, JR., is
FOUND GUILTY OF FIRST
DEGREE MANsLAUGHTER.
RESULT IS A SURPRISE
After Taking Three Ballots Without
Agreeing Panel Finally Votes to Re-
turn a Judgment of Lesser Offense
Than Murder-De efense viii Charoe
That jury Was Not Guarded Prop
erly.

| Flushing, n. Y, May 11.-Captair
Peter c. Hams, Jr. u. S A.. tonight
faces prison term of from one tc
twenty years. Despite the testimony
submitted by the defense to show in
sanity, he was convicted late today o1
! manslaughter in the first degree fol
| killing William e. Annis at the Bay
Side Yacht club last August
Quickly following Hams conviction
| his counsel declared that they woulc
produce aftidavits to show that the
jury had not been properly guarded
during the trial, and upon this alega-
'lon he viii seek Il new trial. Thes,
afiidaVits will be submitted on Mon.
day, the time set for passing sentence
Ihefe WILL of course be the usual mo-
tons to set aside the verdict. but tn,
unguarded jury feature is the only de
parture from the stereotyped pro
ceedure looking to a new trial
Daniel O'Reilly, of counsel for the
defense. said:
"Therc was no evidence in this case
To warrant verdict of mansaughter
~ should either have been murder il
the first degree or acquittul on tn,
ground of insanity. The jurors were
permitted to roam about the corntrs
IN an automobile, and went to the
scene of the crime, which is clearly
against the law. Several Of the Jurors
We're permitted to leave the jurlsdic-
non Of the court and have been OF
government property at Fort Irotter
all of which will be urged as ground
for setting aside the verdict"
A Surprise.
The conviction came as a surprise
1t had been expected that verdict OF
acquittal on the ground of insanity, ol
Il disagreement would result.
No one was more surprised than
District Attorney Dewitt, who had sale
all he could hope for was a disagree
ment.
Unlike the scenes attending ths
trial of Thornton Hains, the defend.
ants brother, who was acquitted Of
completely in the same crime, there
was no demonstration in court Whe1
the verdict was returned
Captain Hains stood up and faced
the jury and throwing back hi
shoulders in military fashion while
Foreman Sundling reeited the verdict
AS he heard the decision Hains' face
was as white as chalk. He stood for
few moments motionless, staring a
the jury. Then one of his lawyers
touched him and he quietly sat down
A few moments later apparently
little affected by the verdict he walk
ed from the court room with a ctaad,
stride and was taken back to Jail.
Grief Stricken.
In striking contrast was the grief of
his aged father, General Peter c.
Hams, and of his brother, Major Johr
p. Hams. For moment they sat al
If dazed, then broke down and wept
The captains mother was not in court
General Hams, however, quickly gave
the verdict to her over the telephone
After the jury was discharged Juror
Craft said four ballots were taken
On the first zallot ballot six voted for
murder in the first degree and six for
acquittal on the ground of insanity
On the first ballot six voted fon
of manslaushter in the first degree
was reached. Little consideration was
given to the expert testimony, Juror
Craft said. They believed, he contin-
ued, that Mrs. Hains had confessed
to her husband regarding improper
relations with Annis and that Anns
deserved his fate. but none of them
would consider the unWritten law and
therefore the manslaughter verdict re-
suited.