I am advised to re-submit this as a separate question (had thought, initially, it was just an aside, barely worthy of mention); anyway, North & Hillard Ex. 195: "All order thus being lost, Nicias surrendered at discretion. He and Demosthenes, being condemned to death, died by poison;"
N&H give (Ans. Book): itaque confusis signis et ordinibus Nicias nullis conditionibus factis(footnote latis) se dedidit: qui cum Demosthene capitis damnatus veneno necatus est;"
Minor Q: any (significant) difference between using "factis"/ "latis"?
Main Q: deployment of "capitis": (N&H's English version takes no account of it) first thought it was "captis" so rushed into--they-having-been-captured; but, no: second instinct--of-the-head?! No! To Pock. Ox. Lat. Dict. displaying nineteen definitions of "captus", capitis". The only one that could be made to fit was--"of-the-capital-city" in the ancient and Medieval tradition of calling important people eg Fred-of-Freetown, wasn't entirely convinced so mentioned it, en passant, to Joonas. No!