Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1909-05-17
|ndeterrninate, Being Not Less
Than Eight, Nor More
Than Sixteen Years.
HARD LABOR is IMPOSED.
His Counsel Made Motionfor New
Trial Which Judge Garrett
son Denied.
When Told 10 Come to the Bar Pr,s.
oncr Appeared Dazcd; Did Not
Sccmto Understand Questions,

Flushing, n. y, May l1,--capt. Peter
g. Hams, U. S. A., who was cons
ricted Of manslaushter in the first de-
gree for killing William e, Annis at
tho Baysldc Yacht club last August
was sentenced today BY Justice Car
retson n the supreme court TO an in
discriminate sentence OF not less than
eight years, nor more than lG years at
hard labor Ill statesa prison. John
+. Mcintyre, counsel for the defend
trial on the ground that the verdict
was against the weight Of evidence
and also contrary to law. Justice Car
rctson denied the motion. Mr.. Nc
IntNre then raised the point of juris-
diction OF the supreme court over the
had been released from the jurisdlc-
ton OF the federal government and
therefore the case was not properly
before the court Mr. Mcintyre also
stated that p. Brush. who had been
an expert witness for the defense, had
examined Capt. Hams since he was
convicted and found him insane. JUS
tice Garrctson said there was no evi-
dence to that effect before the court
and he declined to consider the mo-
tion in regard to jurisdiction. The
court clerk instructed Capt. Hams to-
NolliG8 " tliAu oSpSdSb w tts'iNi
him the questions usually put to a.
man about to be sentenced. The pris-
oner seemed dazed and seemed to have
some difficulty In understanding the
questions. Lawyers Mcintyre ana
Young, of the defense, stood on either
side of Capt. Hains and assisted him
in answering the questions of the
chief clerk. In passing sentence, JUS
I tice Garretson said the defendant had
| had a fair trial and had been defended
! BY experienced lawyers. jury had
| found verdict commensurate with
| the requirements of law. He said he
| was not aware that any errors of law
| had, been committed during the trial!
4 Althous III there had been "a great deal
! of sympathy Injected into the case,
I the law did not allow a man 5toSpunisll
another for wrong lie had suffered or
4! had Wrongec him. After Justice Car
1 retson had imposed tho sentence Capt
Hams sat down and dropped his head
| on the table before him. He seemed
| overcome with emotion for a few mo-
\ ments, hut soon recovered himself and
sat upright, staring at the court.
| Gen. Hains. the defendants father
and alni John Hains. who We're in
| court. displayed much emotion when
| the captain MAS sentenced lmmed-
! lately after sentence the prisoners
| lawyers asked FOR q 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 "a hours in which to file
an appeal He then ren,anded Capt.
| Hams to the custody of the sheriff
| The fact that the members of the
/ jury which had convicted Hams had
| submitted 70 the court II recommended
| ton of mercy for the captain was
| brought out by Eugene II. Young, OF
| tlle defendants counsel
The operation Of an indeternlinata
sentence such as that imposed upon
Captain Hams is so fixed by law unless
pardoned by the governor or released
on some legal point raised by his
counsel. the prisoner must serve the
! full length OF the minimum term nam
ed, which is eight years in the case Of
Captain Hams.