The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1909-05-20
SLAYER OF WILLIAM E. ANN1S
GIVEN INDETERMINATE SEN
TENCE FOR CRIME.
TO FILE AN APPEAL AT zee.
Prisoner Is Dazed at Words OF Justice
and Stares at Him After Pro-
ceedings Are Ended.
is TAKEN BACK TO JAIL CELL,

FLUSHING. y. V, May 17.-Capt,
Peter G.. Hams, Jr., L. ). ~, who was
I convicted Of mauslaughtrr IN the hrSt
degree for killing William +. Annis ut
! the Bayeidc Yacht club last August, was
sentenced Today by Judge Garrctson III
/ the supreme court to an indctcrminate
sentence Of not less than eight years
nor more than sixteen years at hard Ia
/ Dor in states prison.
John +. Mcintyre, counsel for the de-
| PENDANT 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 Garretson
denied these motions, Mr.. Mcintyre
then raised the point Of jurisdiction OF
the supreme court over the defendant
contending that he had never been re-
leased from the jurisdiction Of the fed
eraI government and therefore the ease
was not properly before the court
Mr.. Mcintyre also stated that Or.
Brush. who had been an expert witness
for the defense had examined Capt. Hams
since he was convicted and found MN
insane Justice Garretson said there was
no evidence to that effect before t he
court and he declined 10 consider the
motion in regard Of jurisdiction.
Prisoner Seems Dazed
The court clerk then instructed Capt
Hams to come to the bar and proceeded
10 ask him the questions usually put 10
a man about to be sentenced. The priS-
oucr seemed dazcd and seemed to have
some difficulty in understanding the queN-
lions. Lawyers Mcintyre and Young of
the defense stood on either side OF Capt /
Hams and assisted him in answering the
questions Of the court clerk. In passing |
sentence, Justice GarrotsUn sand That the /
defendant had had Il fair trial and had /
been defended by experienced lawyers. |
\ jury had found a verdict commruSrl
rate with the requirements Of the law. |
He said that he WAS not aware that any
errors of law had been committed during
the trial.
Crime Was IncxCusable
Referring to the nature Of the case
the court said that capt. Hams had been /
indicted for murder in the first degree |
the severcst crime against society, ana /
although there had been u great deal of |
sympath" injected into the case the law
did not allow 4 man 10 punish another |
for wrong he had suffered or to wreak |
vengeance on the man who had wroug"d /
him. After Justice Garrctsun had i'm !
posed the sentence, Capt. Hams sat !
down and dropped his head on the table !
before him. He seemed overcome with
emotion for a few moments. but soon re
covered himself aud sat upright, staring
at the court
Will File an Appeal
Gen. Hams, the defendants father.
and Mai. John Powers Hams, who were
in court, Displayed much emotion when
the captain was sentenced. lmmedl-
ntcIy after sentence the prisoners law
yrrs asked for stay of sentence for IA
few DAYS IN order to take an appeal.
Justice Garr"tson SAID the case would
take the usual course and gave The de-
Tense twcuty-four hours in which to file |
an appeal He thea rcmanded Capt |
lIaius to the custody of the sheriff.
After Capt. lIainS had been taken |
back to The Queens county jail. Mr. Me |
lntyrc, his counsel said that he would !
20 to the uit"d States circuit court |
aud rndcuvor 10 secure writ of hnhcas /
corpus on the ground that Capt. Hams /
conviction was unconstitutional, This /
is IN line with the contention Of the de /
Tense that Capt Hams was never prop /
erly within tn" jurisdiction of the su- |
premr court and was entirely subject /
Of federal control and rs an army officer |
only within the jurisdiction of the fed /
Grad court
May Receive Pardon.
The operation Of an indetcrminate
sentence such as that imposed on Capt. |
llans is 50 fixed by law that unless
pardUncd by the governor cor released on |
some legal point raised 10y his counsel, /
the prisoner must serve tn" full length /
Of the mInmum term named, which is !
eight years in the ease of Capt. Hams. /
During his Imprisonment the conduct of /
Capt. Hams VIII be- observed by the /
prison officials and at the expiration Of |
eight years the parole board composed |
ul prison officials may recommend To the |
governor that his sentence be committed !
to less than the maximum of sixteen I
years, The final action rests with the ,
governor.
Capt. Hams Status
On the army roles, Capt. Hams is still |
marked ~ absent" in the hands Of the
civil authorities. udcr the ninety -niulh /
article Of war, IN time of peace, an officer /
yanEot lac dismis scd from the army cX-
Ccpt by court martial
The opinion WAS rendered IN the case /
Of an enlisted man, and had no reference |
to the case Of capt. Hams. II Is to the /
effect That where "a man was in the hands I
uf the civil authorities he must be held I
10 ur absent without leave. If conviction !
follows, and, on the other hand, held to /
he not absent without leave if no Cunvic- !
ton was Ind, since the duress to which 4
he was subjected hy the civil authorities |
clearly prevented him from rendering |
service 10 the United States. In case of .
conviction, however, II was held that the |
durrsS must he deemed To have been due |
10 The faull OF the soldier. Under that /
opinion, Capt. Hams may yet be brought |
70 traI before military court martial I