The Washington times., 1909-05-17
HAMS IS SENTENCED
TO SING SING PRISON
Justice GarretSon Takes Oc-
casion to Score the ''Un-
written Law"
CONTINUED from First Page.)

and to the alleged errors which we in
sist were contained in your honor S
charge"
Your motion Is denied." broke in
Justice Garretson. What else now?'
1--WE now desire to move for an ar
rest Of Judgment" continued Mcintyre,
"on the ground that the facts recited
in the indictment did not constitute a
crime and we desire TO raise the ques-
tion OF jurisdiction We oppose any fur
ther action by this court, at this time
on the ground that at the tine the al
legged crime was committed, this defend
and Capt Peter c. Hams was a
soldier of the United States army. tn :
the supreme court Of the state of New
York had no jurisdiction over him, that
he never was and never has been since
the commission of the alleged homicide
within the jurisdiction of the State
courts, inasmuch as his body has never
Neen surrendered to the people of the
State Of New York by the Federal
Government for trial"
This motion is denied also" ruled
the court Anything further2'
Young then arose and made "a plea
for cIemency on all of the grounds
brought out at the trial-urginB the
great mental strain that Captain Hams
had been under following the discovery
Of his wifes alleged unfaithfulness, and
declaring that his reason had been
plainly dethroned when she made
charges against him in her counter petit
ton and answer to his suit for divorce.
Sweeping his hand toward tie district
attorney, Young said:
"And I do not believe the state will
urge an extreme penalty for this poor.
mind-shsttered, utterly broken man."
As Young sat down Justice Garretson
nodded to the clerk of the court. and
the latter shouted:
Peter G. Hams to the bar"
move. and then Mcintyre and the dep
uty sheriff that had him in charge
touched him on the shoulder. and he
stood at attention. looking out of the
window ct the grayish blue sky beyond
The Unwritten Law.
Swear him." said the court, and IN
obedience to the instruction of the clerk,
the captains right arm went up. and he
promised to make true answers to the
questions asked. But with the first ona
there was trouble. Either the captain
did not comprehend what was asked Of
him, or he was a cOnsummate actor. as
he seemed not to hear, and a somewhat
embarrassing problem was settled by
Mcintyre stepping forward and giving
the usual answers TO the pedigree ques-
tions asked.
Looking straight at the prisoner. JUS
tice Garretson then began his arraign-
rnent of the unWritten law.
''The doctrine that a man may take
the law into his own hands to right any
real or fancied grievance is abhorrent
to all thinking people. began the elder
" jurist in a calm but strong voice
that penetrated to every corner Of the
room. ut must be a source of grati-
fication TO all right thinking men that
the Jury that so patiently listened to the
evidence in your case says no 5ustifica-
lion for murder.
Sentence Is Imposed.
"The law provides proper punishment
for all who transgress it's mandates and
nc human being is superior to the law
as II is laid down in the statute books.
No one has the right TO take the law
into his own hands and punish those
who have either really OF in fancy
wronged him. You have had fair and
impartial trial, and have been convicted
upon the evidence. II is my duty to i'm
pose sentence. The sentence of the court