Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1909-05-18
Maximum is Sixteen Years and Mini.
mum Eight Years.
lotion FOR NEW TRIAL DENIED
Court Holds that No Errors of Law
We're Made.
APPEAL TO HIGHER COURT
No Application VIII he Made for Ger
tificate of Reasonable Doubt %
Act as stay of Exe-
cutiOn.

FLUSHING, N. Y, May 17.-Unless some
unlocked for legal obstacle is interposed,
Captain Peter c. Hams, 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, will be
taken to Sing Sing tomorrow and at once
will begin serving the sentence imposed
today by Justice Garretson in the supreme
court. The sentence Is ar indeterminate
one undre which the minimum reriod of
Imprisonment will be eight years and the
maximum sixten years. His time in prison
must be spent at hard labor.
Counsel for Hains late today practically
agreed to thier clients immediate transfer
to Sing Sing when they announced after
consultation with General Halns. his father,
and Major John p. Hams, brother, that
no application would be made for certifi-
cate 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 counsel the
sheriff of Queens county said that, acting
rpon the suggestion of the court, he would
take his prisoner to Sing Sing within
Given Indeterminate Sentence.
Captain Peter c.. Hams jr., U. 5. A,
who was convicted for manslaughter in the
first degree for killing William E. Annis
at the Bayside Yacht club last August, was
sentenced today by Justice Garretson in the
supreme court to an indeterminate SEN
tence of not less than eight years nor more
than sixteen years, at hard labor in states
prison.
John F. Mcintyre, counsel for the defend
ant, made the usual motions for a new
trial, which were denied. The court clerk
then Instructed Captain Hams to come to
the bar and proceeded to ask him the
questions usually put TO a man about to
be sentenced The prisoner seemed dazed
ana seemed to have some difficulty In un-
derstanding the questions. Lawyers Nc
Intyre and Young of the defense stood on
either side Of Captain Hams and assisted
him in answering the questions of the court
clerk. In passing sentence Justice Garrett
son said the defendant had fair trial and
had been defended by experienced lawyers
A jury had found a verdict commensurate
with the requirements OF the law. He said
he was not aware that any errors of law
had been committed during the trial. AL
though there had been a great deal of
sympathy injected into the case, the ilaw
did not allow a man to punish another
for wrong he had suffered or to wreak
vengeance upon the man who wronged him
After Justice Garretson had imposed the
sentence, Captain Hams sat down and
dropped his head on the table before him.
He seemed overcome with emotion for a
few moments, but soon recovered himself
and sat upright staring at the court.
General Hams, the defendants father
and Major John Hams, who were in court
displayed mt ch emotion when the captain
was sentenced. Immediately after sentence
the prisoners lawyers asked for a stay of
sentence for a few days in order TO take
an appeal. Justice Garretson said the case
would take the usual course and gave the
defense twenty hours in which to file
an appeal. He then remanded Captain
Hams to the custody Of the sheriff.