The citizen. (Honesdale, Pa.) 1908-1914, 1909-05-19
NO WRIT FOR HAMS
Counsel Fails to Keep Him
Out of Sing Sing.
THREE JUSTICES DECLINED.
Young Army Officer Must Serve at
Least Eight Years In State
Prison Unless an Appesl
Proves Successful.

New York, May Is. - Counsel for
Captain Peter G. Hains, Jr., U. s. A.,
who was convicted of manslaughter in
the first degree for killing William E..
Annis at the Bayside Yacht club last
August, today agreed to his immediate
transfer from the Queens county Jail
to Sing Sing.
They announced after a consultation
with General Hams, his father, and
Major John p. Hains, brother, that
no application would be made for IA
certificate Of reasonable doubt to act
as stay of execution. An appeal,
based on the general court record in
the case, will be taken in regular
course, however
Upon learning the decision of coun-
sci Sheriff Harvey of Queens county
said that, acting upon the suggestion
Of the court, he would take his prison
er to Sing Sing at once to serve his
indeterminate sentence of from eight
to sixteen years.
This yielding to the inevitable on
the part of counsel for Hains was not
manifested until after Mr.. Mcintyre
| had applied for writ of habeas cor
pus on the ground that at the time of
the shooting Captain Hains was not
under civil jurisdiction. He also made
an application for certificate of rea-
sonable doubt and for the appointment
of commission to test the captains
sanity after the rendering of the ver-
dict. Three justices to whom he ap-
piled declined to interfere.
Il am now willing to stand the gaff," ="
said Captain Hams at the Queens
county Jail after hearing his fate.
Sing Sing is hard place to find COM
fort but l feel relieved at that"
Captain Hains was lying on cot in
his cell, with blanket thrown over
his shoulders. He looked haggard and
continued In Il low tone:
'"rhe regrettable part of the affair is
that the trials have exhausted my fa-
theirs fortune and it makes me feel
bad. The cost of carrying on the de-
fense has been Il burden on my par
ents, but such is fate"
What will become of your chill
dren?' he was asked.
Poor kiddies, they will have to stay
with father and mother, and that's the
very best place in the world for them
to be-" the capain answered.
Under the indeterminate sentence
act Captain Hains must serve at least
eight years in the state prison. He is
then eligible for parole provided his
conduct during Incarceration has been
such as to meet with the approval of
the warden of Sing Sing.
If the parole board decides to release
the prisoner. then one of the conditions
Is that the prisoner report in writing
to the state superintendent of prisons
once month until the maximum SEN
tence has expired.
AS Captain Hams will go up the
river as first offender, he will don a
gray suit with white solid circle the
size of half dollar on the left arm
The second year white bar is worn
in place of the circle. In the sixth
year this mark is changed to a white
star. The United States army captain
will also wear military collar on his
prison suit.
In Sing Sing prison Captain Hains
will sleep In cell three and one-hal1
feet wide, six and one-half feet long
and seven feet high. He will be con
fined in this cell from 4:30 in the after
noon until o'clock the following
morning.