Los Angeles herald., 1909-05-18
HAMS SENT TO
SING SING CELL
SLAYER OF ANNlS SENTENCED
TO HARD LABOR
EIGHT TO SIXTEEN YEARS is
PERIOD IMPOSED
Counsel for Army officer Virtually
Agree to Permit Prisoner to
BE Taken to Peni-
tentiary
TRv Assoolated Press.l ]

FLUSHING, N. Y, May 17.-Unless
some unlocked for legal obstacle is in-
terposed, Capt. Peter c. Hams, jr., U.
S. A., who was convicted of manslaugh-
ter in the first degree for the killing OF
William E. Annis last August, will be
taken to Sing Sing tomorrow to begin
the sentence imposed today by Justice
Garretson.
The sentence is indeterminate, under
which the minimum period of 1mprlsoh-
ment would be eight years and the
maximum sixteen years
Counsel for Hams virtually agreed
today to their clients immediate trans
fer to Sing Sing, when they announced
after a consultation with Gen. Hams,
his father and Maj. John Z. Hams,
brother, that no application would be
made for a certificate Of reasonable
doubt, as a stay Of execution.
An appeal, based on the record in the
case, will be taken in regular course
Cant Hains was sentenced today Dy
Justice Garretson in the supreme court
TO an indeterminate sentence not less
than eight years nor more than sixteen
years at hard labor in states prison
John r Mcintyre, counsel for the de-
fense. made the usual motion for new
trial on the ground that the verdict
was against the weight of evidence ana
also contrary to law. Justice Garrett
son denied the motion.
Mr.. Mcintyre then raised the point Of
jurisdiction of the supreme court over
the defendant, contendlng tnat ne n ndu
NOT been released from the jurisdiction
of the federal government, and there
fore the case was not properly before
the court.
Declares Him Insane
Mr.. MCINTYRE also stated that DR.
Brush. who had been an expert wit
ness for the defense, had examined
Cant. Hains since he was convicted and
found him insane.
Justice Garretson said there was no
evidence to that effect before the court
and he declined to consider the hlotloH
in regard to jurisdiction.
The court then instructed captain
Hains to come to the bar, and pro-
ceeded to ask him the questions usually
put to a man to be sentenced. Inc
prisoner seemed dazed and seemed TO
have some difficulty in understanding
the questions.
Lawyers of the defense assisted cap
tain Hains to answer. In passing SEN
tence Justice Garretson said the de-
fendant had had a fair trial. He said
he was not aware that any errors OF
law had been committed.
The law. he said did not allow man |
to punish another for wrong he had |
suffered. After Justice Garretson had
imposed sentence captain 1dlnS sat
down and dropped his head on the ta-
BILE before him.
He seemed overcome with emotion |
for a moment but soon recovered him |
self and sat upright.
General Hains, the defendants father, |
and Major Hains, who were in court,
displayed much emotion when the cap
tain was sentenced. Immediately after
sentence the prisoners lawyers asked !
for a stay of sentence for a few days, |
In order to take an appeal.
The operation of an indeterminate
sentence, such as that imposed upon |
Captain Hains, is so fixed by law that |
unless pardoned by the governor or re-
leased on some legal point raised by |
his counsel, the prisoner must serve the
full length of the minimum term |
named, which is eight years in the case
of Captain Hams.