The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-05-17
CAPT. HAMS Gets {
TO is YEARS N
SING SING
Slayer of William Z. Annis Il IN
Moved by Sentence-Judge Gar
retson Scathingly Denounces
the Unwritten Law.
Court Denies Motion for New Trial
and Prisoner Is Prepared for
Transfer to Sing Sing.

FLUSHING. l.. l., May 17.-Stand-
Ing apparently the most unconcerned
man In the court room, seeming by
his apathetic attitude not TO realize
what II all meant. and after listening
to one OF the most scathing arrzign-
ments OF the so-cailed unwritten law
ever heard In court or justice. Capt.
Peter c. Hams. Jr.. u. 8. A.. this
morning heard himself. condemned 70
hard labor in Sing Sing prison for =
term not less than eight or more than
10 years for the killing Of William e.
Annis on the float of the Bayside
Yacht club In Queens county last Aug.
ust
The former dapper army oficer, :
ghost OF his former self and seeming.
ly troubled and weighed down by his
own personal SORROWS. made NO dem
onstration at any time. and ~ soon a.
sentence had been pronounced sank
heavily into a chair. His aged father,
Gen. Peter c. Hams. and his brother.
Maj. John Hams. who were In the
court room, also took the sentences
stoically. 1t Is expected that counsel
for the convicted captain will at ones
apply TO the courts for a writ Of rear
sonable doubt and then carry the case
To the higher courts.
That the sentence was made very
light was due In part to. the fact that
District Attorney Dewitt. who secured
the conviction. made no effort to op
pose plea for clemency made by AZ,
torney Eugene Young for Capt Hams.
Justice Garretson after entering his
u m h3arG go
neys Mcintyre and Young. who had
with them Davidson Bennett, the law
yer who prepared the confession sign
ed by Claudia Hams at the captains
home In Fort Hamilton.
When court convened Mcintyre
made the usual motion for a new trial.
Your motion is denied" broke In
Justice Garretson. What else now?"
We now desire to move for an ar
rest of judgment" continued McIn-
tyre. ION the grounds that the facts
recited In the indictment did not con-
stitute crime and We desire to raise
the question OF Jurisdiction. We op-
pose any further action by this court
at this time on the ground that Ct the
time the alleged crime was committed
this defendant. Capt. Peter c. Hafung
was soldier In the United States
army; that the supreme court Of the
state OF New York had no jurisdiction
over him; that he never was and new.
er has been since the commission Of
the alleged homicide within the turts-
diction OF the state courts inasmuch
as his body has never been ssurrend-
cred to the people Of the state OF New
York by the federal government for
the trial"
This motion Is denied Also" ruled
the court. Anything further?"
Young then arose and made plea
| for clemency oil all of the ground1
brought out at the trial urging Ia
great mental strain that Capt Ha1nQ
had been under following the dipcox~
cry OF his wife's alleged unfaithfS1n4oo
and declaring that his reason had boon
plainly dethroned when his wife made
scandalous charges against him In her
counter petition and answer to his
suit for divorce. \.
Looking straight at the prisoneg
Justice Garretson began his arra11n-
ment OF the unwritten law:
THE doctrine that q man may take
the law into his own hands to right
any real or fancied grievances II ~
horrent to all thinking people, tooto
the elderly jurist. 1T must b q
| source OF qualification to all rfGNI
thinking men that the Jury that SO pa
| tiently listened to all OF the evidences
| In your case saw there no Justification
for murder. The law provides proper
punishment for all who transgress Its
mandates. and no human being 10 SUI
perior to the law as 1t Is laid down in
the statute books. No one has the
right TO take the law into their own
hands and punish those who have
either really or in fancy wronged
them. You have had fair and i'm
partial trial and have been convicted
upon the evidence. II Is my duty to
! imposAsentence. The sentence OF the
court is that you. Peter c. Hams, shall
! be confined in the states prison at
Sing Sing for a term not less than
eight years and not more than 10
years at hard labor"
Hams dropped into his chair and
began again to roll and unroll the lock
OF hair on his forehead which he has
| fingered constantly ever since the trial
was first begun.
Later he was taken into an ante
room where his father, Gen. Hams,
and his brother. Major John Hams.
with the lawyers In the case. joined
him. Within an hour after sentence
was imposed, he had been returned TO
his cell In the Long Island City jail
TO await transfer to the state prison.
Mcintyre asked Justice Garretson
for an order prohibiting the immediate
transfer OF the prisoner TO the state
penal institution. but this was refus-
ed
Neither Capt. nor Gen. Hams cared
to discuss the, future action or the
family, declaring that IL is all In the
hands of the lawyers.
Ii is generally accepted that an At
tempt viii be made to secure a eertin-
cate OF reasonable doubt from JUS
tice of the supreme court. and II this
is successful an effort VIII be made TO
have the captain admitted TO Dali
pending the final disposition OF the
appeal.