Evening star. [volume], May 12, 1909, Page 10, Image 10

About Evening star. [volume] (Washington, D.C.) 1854-1972

Image provided by: Library of Congress, Washington, DC

                
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PLAN SANE FOURTH OF JULY
COMMISSIONERS PROPOSE CELE
BRATION BY CITIZENS.
Presidents of Board of Trade and
Chamber of Commerce Agree to
Co-Operate in Scheme.
Te carry out their plans for a sane cele
bration of the Fourth of July in the Dis
trict of Columbia, the Commissioners have
under consideraton a citizens' celebration.
Commissioner Macfarland this morning
conferred with President J. H. Small of
the Board of Trade and President W. F.
Gude of the Chamber of Commerce, with
a view t? securing a citlsens' celebration
?f the Fourth. Both presidents promised
t? lay the matter with their approval be
fere the directors of their respective or
ganisatlons.
Course in Other Cities.
Commissioner Macfarland explained to
Presidents Small and Gude that a number
ef cities have taken action looking to a
sane Fourth of July- by prohibiting the
use of fireworks except in public cele
brations, and that In every case a pub
lic celebration Is to be provided by the
citUens- Mr. Macfarland added that It
was desired to carry out a similar plan In
this city and that It Is hoped to provide
a public celebration which will engage the
] | The greatest
;; pleasure on earth <>
<? Is continuous good health.
i!Grap?-Nut?ij
;; food
\ | Wins and keeps it.
"There's a Reason" j;
Interest of the people, including the chil
dren.
The preliminary steps to provide a sane
celebration of the Fourth in the District,
it was also explained, were taken Novem
ber 25. when an amendment to the police
regulations was adopted prohibiting the
discharge of firecrackers and fireworks
except at a public celebration and on a
special permit issued by the Commis
sioners. That amendment was published
at the time to give notice to manufactur
ers and dealers in fireworks, whose con
tracts are made in the fall.
The amendment makes section 4 of ar
ticle IX of the police regulations read
as follows:
"No firecracker, squib or other fireworks
of any kind shall be sold and delivered,
discharged or set off within the city of
Washington, or the fire limits of the Dis
trict of Columbia, or in the more densely
populated portions of said District; pro
vided, however, on occasions of public
oelebration ani exhibition fireworks may
be discharged or ?>et off on special per
mits issued by the Commissioners defining
time, place, storage and such other condi
tions as they may deem necessary to the
public safety."
Washington to Be in Line.
Commissioner Macfarland said today
that the accidents from fireworks fur
nished twenty-three cases for the emer
gency hospitals here last Fourth or July,
besides those treated elsewhere, and that
while there were no deaths last year
there had been deaths in former years.
He said he believed the National capital
should be in line with the best sentiment
on this subject.
At the approaching meeting of the Na
tional Playground Assoeiatibn at Pitts
burg, he said, the chief topic on the pro
gram will be "A Sane Fourth of July."
This is directly in the interest of the chil
dren of the cities.
. At the same time, he said, the public
Celebration by the citizens such as was
carried through so successfully by the
Joint committee of the. Board of Trade
and Chamber of Commerce last Fourth of
July was a necessary part of the new or
der of observance of Independence day.
Secures Verdict Against B.R. Co.
Joseph Davis has been awarded a ver
dict for $1,250 against the Anacostia and
Potomac River Railroad Company by u
Jury in Circuit Court No. 1, Justice Staf
ford presiding. Through Attorneys W.
Gwynn Gardiner and B. N. Hopewell,
Davis claimed that while driving a wagon
across the tracks at 7th and G streets
southeast September I, 1P06. his vehicle
was run into through carelessness and
negligence on the part of the motorinan,
and that Davla was seriously injured.
Verdict of Manslaughter May
Bring 20-Year Penalty.
TO APPLY FOR NEW TRIAL
Jury Compromises Between First
Degree Murder and Acquittal.
DEFENSE IS MUCH SURPRISED
Insanity Proven, Asserts Counsel, in
Bitter Criticism of Finding
Against Client.
FLUSHING, L. I.. May 12.-Capt. Peter
C. Hains. jr.. U.S.A., was found guilty of
manslaughter In the first degree at 4:10
o'clock yesterday afternoon for killing
William E. Annis at the Bayslde Yacht
Club the afternoon of August 15, 1908.
Monday morning at 10 o'clock counsel
for the prisoner will app'y for a new
trial. If the motion is not granted the
court will sentence Capt. Hains to a term
in the penitentiary not to exceed twenty
years.
The verdict came as a surprise to every
one of the interested throng that hung
about Flushing, L. I., yesterday after
noon, waiting to hear from the jury.
"Unwritten law" had been the defense.
There had been no claim that the defend
ant had not shot and killed Annis.
The defense had left the case in such
shape that no one regarJed it as possible
that any decision other than conviction of
murder in the first degree or acquittal on
the ground of insanity would be rendered.
Most everybody expected the latter ver
dict.
Bush in to Hear Verdict.
And when at 4:03 o'clock a hurry call
was sent through the tow'n that the Jury
was about to come in, there was a rush
to the town hall.
Suspecting a demonstration would be
made. Justice Garretson looked over the
tlirong and said:
"There must be no sign of approval or
disapproval upon the receipt of the ver
dict. Any attempt to make such a dem
onstration will be stopped by officers of
the court and punished."
The defendant and his friends took this
warning as a friendly indication. The ex
citement grew intense. The hands of
the clock seemed to halt as the twelve
men walked slowly into their box.
Clerk Peace took the, jury list, glanced
at the box to see if it had bean filled and
asked:
"Will the jurors answer to their names
as they are called?"
"Here," answered each Juror as the
clerk went down the list.
"Jurors, look upon the defendant!" com
manded the clerk.
"Defendant, look upon the jurors."
Hains Leaps to His Feet.
Then an unusual thing happened. Hains
expecting to be acquitted, had sat silent
for nearly four hours. At the command
he leaped to his feet with the snap and
the precision of a soldier called to "at
tention" by a superior officer.
This leap from the man who had been
a haggard, forlorn-looking* person all
through the trial electrified onlooker*. His
eyes were directed at the Jury. They
looked with force, with fire, at th? men
who had held his fate in their hands.
"What is your verdict?"
"We find the defendant guilty of man
slaughter in the first degree."
A look of intense surprise was on the
ment. His family and friends gathered at
the Flushing Hotel.
Ma]. Hains said:
"I was surprised at the verdict. What
could have been their mental operations.
There Is nothing the family can properly
say at this time with the case pending."
Jurors Wanted to Oo Home.
From Attorney Eugene M. L. Young,
who lives in Long Island City, came this:
"I have had experience with Queens
county jurors, and the only explanation I
can make is that these jurors had been
locked up a long time and wanted to get
home."
Mr. Molntyre, chief of counsel for the
defense, said:
"We are certain the insanity of Peter
C. Hains was established. Had Capt.
Hains _been acquitted upon the grounds
of Insanity, neither his attorneys nor
his family would have taken any steps
for his release until certain he had been
cured of the form of insanity we think
he has.
"We shall contend Monday that the
district attorney's question to Thorn
ton Hains on crose-examination?if he
had killed a man?was sufficient to con
stitute reversible error. There are many
other grounds we think will be sufficient
to get us a new trial."
District Attorney Frederick Q. De Witt
said:
"The state is immensely satisfied with
the verdict. We knew we could punc
ture the insanity plea. There was no
denial of the commission of the crime.
The testimony of army officers turned
the case. The verdict would have been
the same had there been no experts on
either side. The jury decided the case
upon the testimony of the lay witnesses.
I still maintain that it was a competent
question to ask Thornton Hains as to
his having killed a man."
"Verdict Will Appeal to People."
Special Prosecutor George A. Gregg
added this:
"It was the only verdict that would
have appealed to the people of the coun
ty. It is a verdict that we like and that
cannot be overthrown. If Capt. Hains
had been sent to the chair the verdict
would have been criticised by every man
who is married."
Wilbur Craft talked for the jurors. He
said:
"With six others I was for conviction.
After we had three ballots one at the
jurors asked us to get together. We
decided to change.
"We grave most careful consideration
to expert testimony. We had the idea,
however, the experts had to earn their
money."
"What part did sympathy play among
those wno stood for acquittal?"
"There were many expressions that
Annls 'got what was coming to him' and
'I would have done the same thing to
him.* " ?
"How did the testimony of Mrs. Hains
appeal to the jury?"
The juror thought the questioner re
ferred to Mrs. Claudia Instead of tlie
general's wife, and replied:
"All twelve thought her guilty."
Told of his mistake, he said:
"Oh, we took that for what it was
worth." He added: "I think one of the
sanest moments that man ever had was
when he stood to hear the verdict."
"Why did you render the lesser de
gree verdict that his counsel did not
claim at your hands?"
"We did not think the man had gone
to the float to kill Annls. Those two
round-trip tickets had some weight, and
the general sentiment of those who voted
to acquit him was that the act was not
a frame-up."
Mrs. Annis' Comment.
Mrs. Annis commented on the convic
tion of the man who killed her hunband.
She said:
"I am very well pleased with the ver
dict of the jury in finding Capt. Hains
guilty of manslaughter, although I am
fully convinced that the murder was pre
meditated. I am satisfied that Capt.
Hains was given the benefit of the doubt.
"I feel that justice has been done for
the crime, and I would like to thank the
jury, the prosecuting attorney and all
those who have shown me so much kind
ness through my misfortune.
"It was a great relief to me when I
knew that t did not have to go upon the
witness stand. I was In court for three
days ready and expecting to be called at
PROMINENT FIGURES IN THE HAINS CASE.
fares of the defendant's party. Capt.
Hains seemed dumfounded.
Mclntyre asked for a week in which to
make his motion for a new trial. The
court granted him until Monday morning.
Verdict Was Compromise.
When the jurors left court soon after
adjournment it developed that the verdict
had been a compromise. Six men had
stood for conviction of murder In the first
degree. Six had stood for acquittal on
the ground of insanity.
After three ballots had been taken Juror
Higbie urged the jurors to look at the
case in a spirit of harmony. Sundling. Hig
ble, Craft. Nlllson. Keucke and Schaub
hutli, who had stood out for murder In the
first degree, went over to their six breth
ren and word was sent to the court officer
that a verdict had been found.
There were rumors that improper con
duct would be charged cgainst rertain
members of the jury while at the Garrison
Hotel last Sunday. But Mr. Mclntyre was
not disposed to make these part of his
motion for a new trial.
<"apt. Hains was taken to the L<ong Is
land City jail Immediately after adjourn
anv moment. I don't think I would ever
have been able to go through the terri
ble ordeal. The case was tried on its
merits, and all I have to say is that Capt.
Hains is very fortunate not to have had
a more serious verdict found against him.
_ "Never for one moment have I believed
Capt. Hains to be Insane, nor do I be
lieve that he is Insane at the present time.
I saw him at the clubhouse the day of
the murder, and he acted perfectly
rational. He knew very well what he
was doing when he committed the terri
ble crime.
"Up to the time when the army officers
testified I thought Capt. Hains would be
declared Insane. But I think they made
convincing witnesses regarding his sanity.
"I was in court when Special Prosecutor
Gregg summed up. His case was so
clearly presented that it left no doubt as
to the sanity of Capt. Hains at the time
of the murder or after it.
"The jury should be complimented upon
the intelligent manner in which it handled
tiie case. I was very much surprised at
its wonderfully quirk verdict. I must
confess that T expected there would be a
long and tedious battle before a verdict
could be reached.
"We did not clamor for Capt. Hains'
life. All we wanted was justice, and I
believe the verdict of the jury 1b convinc
ing proof of the great wrong Capt. Hains
did when he robbed my children of their
father. No one has a right to take life
and make Innocent people widows and
orphans."
Capt. Hains' Status in Army
Awaits Decision of Courts
Final adjudication of the case of the
state of New York agajnst Capt. Peter C.
Hains, jr.. Coast Artillery Corps, U.S.A..
for killing William E. Annis, will be
awaited by the War Department before it
determines upon the attitude that the mil
itary branch of the government shall take
in regard to liis status.
At present Capt. Hains is "absent, in
the hands of the civil authorities." Under
the army regulations officers and enlisted
men in arrc6t and confinement by the
civil authorities receive no ray for the
time of such absence. If they are re
leased without trial, or after trial and
|iiiiiiuiit>iminniMiiHininiHniiiiiiiiiiimiinnmimnniiniiiiiiniiimiiniiniiniJcininiiniiiiiiiimm?ninmii?niiiiiiiiiiiiiott
GREAT QUALITY SALE
Of HIGHEST CRAOE GROCERIES.
We move our main store this month to 605-7 7*h s*., and to center your attention upon this
removal, and to reduce stock in our present warehouse and main store WE HAVE RE
DUCED PRICES ALL ALONG THE LINE. Buy from ns today?the saving in cost will
enable you to buy more goods without investing more money.
Norway Mackerel, 8-lb kit.99c
Jersey Pears, can 8c
Clothes Pins, 100 for 10c
Fancy Prunes, lb 8c
Marshall's Kippered . Her
ring, can i2y2c
Brick Codfish, pkg 8c
Jams. 2 jars for 25c
Iona Tomatoes, can 7c
Walter Baker's Cocoa, ^-Ib. tin ..17c
Full Cream Cheese, lb HSc
A P Cored. Milk, 3 cans for... .25c
Fresh Eggs, doz 23c
Brookfield Selected Eggs, doz...25c
Best Granulated Sugar, lb 5c
Elgin Butter?Best Creamery?Reduced to . . 30c
HAMS AND BACON.
Standard Brand Hams and Bacons at prices
to save you money. Wrhy buy cheap hams
when you get the best on the market for little,
if any, more cost?
Swift's Premium...."
Kingan's Reliable...
Auth's Sugar Cured..
Beechnut Bacon, jars,
each 28c
16c
lb.
FLOUR.
We have bought ahead, and THE AD
VANCE IN WHEAT DOES NOT AFFECT
OUR FLOUR PRICES. A & P Flour is as
good as can be had. It is ground from the
best quality of spring grown wheat, and put
up uuder our own brand.
Berkshire Sliced
Bacon, lb. pkg..22c
Swift's Oriole Bone
less Bacon, lb...i6c
These prices good in our Alexandria store and on all Washington stores.
3/^-lb. sacks 15c
7-lb. sacks 29c
12^-lb. sacks 45c
24^-lb. sacks 90c
49-lb. sacks $1.80
Barrel $7-15
Gallon cans Tomatoes,.
each. 20c
Strained Tomatoes, for
soupSj Cctti.????????????? 4^
Pearline, pkg. 2j4c
A & P Washing Powder,
4-lb. pkg 15c
Belle of Boston Baked
Beans, can 7C
Ivory Soap, cake. .4^c and 8c
Gallon cans Apples, each. .25c
Iona Peas, can 1... .8j/?c
Campbell's Soups, can... .8y$c
Snider's Pork and Beans,
can 9c, 14c and 18c
String Beans, can 8c
Campbell's Baked Beans,
can 8^c
White Waxed Beans, can.. 9c
Campbell's Salad Dressing,
bottle 8^c
A & PCorn, can 11c
1776 Washing Powder,
pkg 2Yi c
Mustard Sardines, can.4c &9C
Pineapple Cubes, can 5c
No. 2 Tomatoes, can 5>^c
No. 3 Rice, lb 4c
Monocacy Succotash, can.. 9c
Laundry Starch, lb 4c
A & P Baked Beans, can.. qc
Potted Meats, can.. .4c and 8c
Pickles, Empire brand, bot
tle ioc, 15c, 25c
A & P Prepared Flour, pkg. 14c
Fairy Soap, cake 4c
Borden's Evaporated Milk.
20-OZ. can 8^c
Fluffy Ruffles Starch, pkg. ioc
A & P Table Syrup, can...ioc
Campbell's Tabasco* Ketch
up, bottle * 9c
Fruitville Peaches, can.... 15c
No. 1 Rice, lb 9c
No. 2 Rice, lb 6c
Pure Lard, lb 14c
Rolled Oats, lb... 4c
A & P Peaches, can. 25c
Cal. Peaches, can 16c
Liquid Bluing, bottle ioc
A & P Scouring Soap, cake. 5c
Sultana Peaches, can 20c
A & P Pearl Tapioca, pkg. 8c
Saleratus (baking soda),
pkg /C
Royal Salad Dressing, bot
tle 23c and 39c
Sliced Tomatoes, can ioc
White Cherries, can.. 15c, 25c
Plums, large can 12c
Pumpkin, can ioc
Squash, can ioc
Tru Milk, can ioc
Huyler's Cocoa, can. 14c & 24c
Van Houten's Cocoa. 23c & 45c
Bensdorf's Dutch , Cocoa,
y-t ib 30c
New Potatoes, %-pk 18c
? New Potatoes, ]/2-pk 35c
Old Potatoes, %-pk ioc
Old Potatoes, }4-pk 18c
Old Potatoes, peck 35c
Main Store, Cor. 7th and E Sts. N.W.
Alexandria Branch, 525 King Street.
imiiHiimiimiiniinhiiiiriT
acquitted, their right to pay for the time
of such absence Is restored.
Has Ceased to Draw Pay.
By virtue of this regulation Capt. Halns
ceased to draw pay on the date of his
withdrawal from military control by the
civil authorities, which occurred at the
time of his arrest for the murder of
Annls.
Seldom has an officer of the army or
navy been convicted of a serious crime by
the civil authorities. Hence few pre
cedents exist in the records of the War
Department that apply to Capt. Halns'
status.
If the department decides there was a
military offense in the act of Cap't. Halns,
as distinct from the civil offense, the
officer may be tried by court-martial, ir
I respective of the action of the courts
of New York.
Awaits Civil Proceedings.
But the military authorities must await
the termination of the civil proceedings
in New York and obtain custody of the
officer, before a court-martial may be
begun. In case Capt. Halns is sent to
prison or conflned in an Insane asylum,
the War Department would be compelled
to postpone any court-martial trial until
I after the release from confinement.
The question of sanity may play an
| important part in the action of the mili
tary branch of the government, it was ad
mitted at the War Department today. If
Capt. Halns is finally acquitted by the
civil courts, he may be forced to face seri
ous charges by court-martial, notwith
standing.
SATS HE HAD POISON.
Boy Disappears Leaving Note In
timating Suicide.
Leaving a note stating that he had gone
to the Potomac river, that he had a bottle
of poison and that it would be useless to
try to find him, John Grimes, eighteen
years of age, formerly an Inmate of the
National Training School for Boys, yes
terday left the home of John Stewart, on
the Magazine road. Congress Heights, J
and has not been heard from since.
It is believed that Grimes feared he
would be sent back to the school, and
rather than return decided to end his
life. The pollcc, however, are of the
opinion that the boy left the note as a
ruse, meaning to leave the city. All
watchmen along the water front have
been asked to look out for him.
The police have been asked to look out
for Harry F. Bowers, twenty-seven years
of age. of 722 5th street northeast, who
has been missing from his home since
yesterday morning.
Building Permits Issued.
The following building permits were
issued today:
To Mary E. W. Stcnz. for one one-story
brick auditorium at 808 K street north
west; architect and builder, Julius Wenlg;
estimated cost, $.">,000.
To George M. Gray, for two two-story !
brick dwellings, from 1001 to lfioa A street
southeast: architect, Julius Germuiller; '
builder. E. J. DeLacy; estimated cost, j
*11,420.
To Pumphrey & Palmer, for ten two
story brick dwellings, from 51 to 60 5th |
street northeast: architect and builder,
George C. Pumphrey; estimated cost.
$35,000.
To George D. Lantell. for one two-story
brick dwelling, at 812 Massachusetts ave
nue northeast: architect. George D. Lan
tell; builder, E. D. Farnham; estimated
cost, $2,700
Death of Theodore B. Lippincott.
CHATTANOOGA. Tenn., May 12.-Theo
dore B. Lippincott of New York city, six
ty-eight xe?rs old. died yesterday at
Aremante cottage on Walden'a Ridge of
bronchitis. Mr. Lippincott. with his wife,
irame to Chattanooga a month a*o and
then went to Walden's Kidge for the
l>cneflt of his health. Mr. Lippincolt is j
sa:d to have l*een a member of the Lip- I
pineott Publishing Company of Plilladc!- '
phia.
If you want work read the *aat col
umns or The Star.
POINTS OUT DUTY TO a A. a
ANNOUNCEMENT BY DEPART
MENT COMMANDER HOLBROOK.
Declares That Ever 7 Commander
8honld Be Present at the Serrieea
Memorial Day.
Edwin H. Holbrook, department com
mander of ftie G. A. R., hu issued In
structions as to the observance of Me
morial day. May 31, by the members of
that organisation. The commander says:
"Once again the day approaches about
which cluster the most tender and sacred
sentiments of the entire nation?the day
devoted to flowers in honor of the dead,
commingled with tears and hallowed
memories."
Continuing, the order recites: "To the
organisation of which -we are member*,
bound together by the strong ties of serv
ice and comradeship, pledged to every
lofty endeavor for the uplifting of coun
try, home and flag, and for the principles
that are cherished in the hearts of all
loyal men. and hallowed by the love and
earnest prayers of noble women, is given
the honor and privilege of leading in the
celebration of the day set apart for the
decoration of the graves of those who
were comrades with us in the battles'
strife, and who have preceded us into tiro
land of perpetual peace, to cover with
beautiful blossoms and Mowers their final
resting places, whether in national ceme
tery. the graveyards of quiet villages, or
on the lonely farm: and to march in hon
oring procession, with funeral requiem,
with heads bowed and eyes dimmed, a*
sad memories at the loss of former friend*
or comrades, gono before are wafted to
our memories through the flower-scented
sunshine from out, the shadowy past.
Duty of Every Comrade.
"Located at the capital of this great
nation. It Is the privilege of the Depart
ment of the Potonjac, G. A. R., to Jead
others in the completeness and Influence of
these memorial ceremonies, and It should
be the duty of every comrade to be pres
ent with his post and assi?t In every way
possible in the patriotic: and sacred ob
servance of the day. To that end I sin
cerely urge every member of the order,
and all others In sympathy with the ob
ject of the services, to abstain from such
pleasures and demonstrations as might
detract from the sacredness which should
hallow the services on this one day of the
year, which day should be devoted to per
petuating the memory of the men who
gave their lives that the nation might be
saved as a I'nion, and I ask all friends of
this busy world to pause with uncovered
heads for a little time in honor of the
gallant boys who died for the preserva
tion of the old flag.
Patriotic People Asked to Co-Operate
"I cordially invite members of pa
triotic, military and civic associations,
the clergy, the teachers, children of the
Sabbath, public and private schools, and
all patriotic people to unite with us iu
honoring the memory of the sacred
dead."
The orders are attested by O. H. Old
royd. assistant adjurant general of the
Department of the Potomac. *
Baltimore Democratic Primaries.
June 26 was chosen as the date for the
primaries for nominating delegates to the
Maryland democratic state convention and
candidates for county offices at a meeting
of the Baltimore city democratic centra!
committee and the executive committee
of Baltimore county held yesterday in
the Hotel Lexington. Baltimore. Kor t!:e
first time in a number of vests the nom
inations will be made under the Crawford
county system. By the primary lan' of
| Baltimore county the republicans must
I hold their primaries the same day.
T. Shadrick Applrgarth, fifty-nine years
old. died of apoplexy *t Cambridge. Md,
1 A widow and three children by .a torine*
marriftf*. survive hub __