The Washington herald., 1908-08-17

Army officers are deeply distressed over
the position Of Capt. Peter G. Hams. jr,
who on Saturday shot and killed the man
he suspected Of having wronged his
honor.
! The facts all 90 70 show deliberate
purpose and careful preparation, and the
result of the trial is looked forward 10
by army officers with apprehension
The action Of Capt Hams brother.
Thornton Hams, who himself has killed
a man under circumstances that vere
never fully explained, and who Satur-
day held hack bystanders while his broth
er emptied his service revolver into the
body Of an Unarrued man, is believed
Ito aggravate the en0rmity Of the crime.
and there is grave fear that capt
Hams. an officer Of the army. may pay
the extreme penalty Of his act with his
lie There is no record that an officer
|of the army has ever died a felou's
ldeath.
The shooting OF Aunis by Capt Hains
VIII give the War Department no little
anxiety. The legaI department Of the
army viii follow every development OF
the case with the greatest care The
crime was committed on territory Of the
state Of New York. and Capt Hains
surrendered 20 the civil authorities. He
now is under civil arrest Primarily,
therefore, in the opinion OF the best-in-
formed legal c1cers OF the War Depart
ment the Federal government has no
) Jurisdiction ili the case Gen. George b
Davis. Judge Advocate General OF the
Army. was out OF the city yesterday but
an officer Of the department. who has
given military law thoughtful study f07
? many years discussed the case yesterday
afternoon
Army Has No JurIsdictIon.
Capt Hams IS an officer Of the United
States army" De said. Therefore he is
subject. under any and all circumstances
3 70 the law of tie army. His crime was
committed outside a military reservation
Therefore. the War Department has no
Jurisdiction over his crime. although Il
has the power 20 try him after the civil
authorities have acted II rzalzes no diff
ference what may be the result Of his
, trial in the civil courts. he is stfu an.
swerlble 20 the military authorities.
Even II he is acquitted by the New
York courts. he VIII probably go before
b a. court-uartiaI afterward.
True, he could not be court -ula-tiaIet
on the charge OF murder. And for two
reasons
In the first place. the Constitution o.
r the United States protects man agsins
being placed twice iu jeopardy Of life
, and In the second place. There is no pro
. vision under military law for the court
martial Of an oficf- for murder Arti
, cle Of War - provid---fo- a c5lrr-rnar
tial for murder by an officer IN time o
war, but Fl time Of peace. as at present
there IS no such provision An Officer
, may be court-martialed for manslaughtel
OF the various legal degrees Of h0miciGe
but not for murder Consequently. If Capt
Hams is acquitted by the New Yorl
P court for the shooting Of Anuis. he car
only be tried by court-rnarrial on sorn'
charge which viii depend on the nature
Of the evidence addUced in court
The W9r Department win follow III,
Z trial very carefully. and viii give even
7 phase its most careful thought and at
1 tention, for the importance OF the situa
Z ton is thoroughly understood
To Keep Hands on.
{ Absolutely TO action VIII be taken b,
the War Department in Capt. Hams
case. pending his trial by the civil au
e. tlo-ities- A report Of the shooting O
Annls by Capt Haius and his arrest j.
= expected to-day by the Wsr Depart
: meut from Gen Grant. who Is IN com
mand Of the Department OF the East
capt. Hains is stationed at the Pre-
sidl0 Of san Francisco, which IS in tn
Department Of the Pacific. but Gen Gran
I will probably make the official report
II is not improbable that Capt. Hahn
himself may make d formal statement {
. Gen Grant whEyh viii be transmitte
along with the report
n On receiving the report. the depart
T. ment viii carry Capt Hams hereafte
{ on its rolls as in the custody Of III
q civil authorities Of the state Of Ne7
o York Otherwise his status as an of
Ger Of the United States army will no
{ change
70 If he IS released on bail. which doe
not seem likely. he VIII be at liberty {
= resume his station at san Francisco
and If he applied for leave Of absence {
~ enable him to remain away from hi
: station and 20 stay iG New York 10 cor
suit with his lawyers in the preparatio
= Of the evidence for trial. the departmeu
Z would probably grant him that leave.
% As a matter OF fact. I assume tha
he is now on leave. In the considerable
r. Of Capt Hams case. the War Depart
Q ment VIII scrEpulOusly observe that prir
. ciple Of Auglo-SaNoa law that a man
Innocent until convicted by court. an
: therefore, until after the verdict is reT
z dered by the jury that tries him Cap
s Hams viii be an officer of the army
d good standing
Army Trial Possible.
o. Tt is true that pending his trial in III
!. civil court, he can be ordered before
Il c0urr-martiaI on some charge other tha
g murder. such as conduct unbecoming a
s officer and a gentleman. or 'conduC
i prejudlcial 10 discipline but It is til
. invariable policy OF the department neve
70 intervene or TO anticipate the actio
Of the civil authorities.
IF an officer commits a crime on
: military reservation the Federal govern
ment demands and insists on jurisdiction
= but when he commits a crime on civ
: territory and IS actually in the hands {
the civil authorities. the government doe
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