The Montgomery advertiser., 1909-05-18
HAMS GETS
EIGHT YEARS
Slayer Of William Annis
Sentenced.
"A NEW TRIAL IS REFUSED
Overcome With Err "a When
Sentence We, ssSnounesd.
The Dsl.rs Z. Counsel VIM n.as.v-
or to OBTAIN writ Of Hsbeas
Corpus from United
states Court.

Flushing, La l., May 11--Unless some
unlocked for legal obstacle is inter-
posed. Captain Peter G. Hams, Jr..
U. s. A.. who was convicted of man.
slaughter in the first degree for kill
ing William q. Annis at the Bayside
Yacht Club last August, will be taken
to Sing Sing tomorrow and at once
will begin serving the sentence impos.
ed today by Justice Garretson In the
Supreme Court.
The sentence is an indefinite one. UNI
der which the minimum period Of I'M
prisonment will be eight years and the
maximum sixteen years. His time In
prison must be spent at hard labor.
Counsel for Hams. late today, prac-
tically agreed to their clients immediate
transfer to Sing Sing when they an
nounced, after a consultation with Gem
eral Hams, his father, and Major John
p. Hams. brother. that no applica-
ton would be made for a 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.
Upon learning the decision of coun-
sci, the SheriR of Queens County said
court. he would take Ms prisoner to
Sing Sing within twenty-four hours
John #. Mcintyre. counsel for the
defendant, made a motion for a new
trial. Justice Garretson denied this
motion and declined = TO con-
slider a motion in regard to the
Jurisdiction. The court clerk then in
structed Captain Hams to come to the
bar and proceeded to ask him the ques-
tons usually put to man about to be
sentenced. The prisoner seemed to
have some difficulty In understa nding
the questions. Lawyers Mcintyre 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 he was not aware that any
errors Of law had been committed dur
ing the trial Referring to the ma
ture OF the case, the court said that
Captain Hams had been indicted for
murder in the FIRST degree. the severest
crime against society, and although
pathx Injected into the case. the law
did not allow a man to punish Rn-,
other for wrong he suffered or wreak
vengeance on the man who had wrong
cd him. After Justice Garretson had
imposed the sentence. Captain Hams
sat down and dropped his head on the
table before him. He seemed over
come with emotion for few moments,
but soon recovered himself land sat up
right, staring at the court.
General Hams. the defendants faith
erSs and Major John Hams. who were
In court. displayed much emotion. Inn
mediately after sentence. the prison..
er's lawyers asked for stay Of sent
ence fora few days in order to take
an appeal. Justice Garretson said the
case would take the usual course, and
gave the defense twentv-four hours
In which to file an appeal. He then
remanded Captain Hams to the GUS
tody of the Sheriff.
After Captain Hams had been taken
back to the Queens County JAIL Mr..
Mcintyre his counsel, said he had lot
decided whether to appeal the case.
He said he would go to the United
States Court and endeayor to obtain
writ Of habeas corpus on the ground
that Captain Hams conviction was un-
constitutional.
In passing sentence on Captain Hams
Justice Garretson said:
peter c. Hams. Jr.. after fair
and impartial trial. you have been
found guilty of granddaughter In the
first degree. The court Is unaware Of
any substantial error to your prejudice.
The Jurors have diseredited your plea
of legal irresponsibility and by their
verdicthave shown to you their utmost
consideration which the facts and the
law warranted. With that verdict, the
court is not disposed to disagree. The
logic OF 1t is that the killing of VIII
liam e. Annis by you on August 10
last was not justified and was the act
of a man who was responsible there
for, and you must receive the penalty
which the law prescribes. That any
person may assume to be Judge and
executioner for a real or fancied wrong
done him by another. society cannot
approve, and the law does not sane
ton. Such a doctrine Is abhorrent to
all right thinking men, and the prac-
tice OF it is subversive to modern CIV
ilizatlon In this case the law of the
state has been indicated and the claim
to a right to mete out personal VEN
reance has again been condemned.
Further comment is needless. The re-
suit of this trial Is its own best com
mentary. The judgment of the court
Is that you be sentenced to States
prison at hard labor for term of not
less than eight years or more than
sixteen years.
The fact that the members OF the
iury which convicted Captain Hams
had submitted to the court a recon-
mendation of mercy for the Captain
was brought out by Eugene Fl. Young,
~ the defendants counsel. in an ap-
neal to the court for leniency.