Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1909-05-20
Sentenced to Serve from Eight to
16 Years at Hard Labor for
Manslaughter.
COUNSEL WILL TAKE APPEAL
This Docs Not Serve ns stay IF Rxecw-
ton, HOwcver-Justicc Garretson
says Trial wns n Fair One
Usual Efforts Made to Sc.
cure q New Trim.

Flushing, +. T.. May l7.-Unless some
unlocked for legal obstacle Il interposed
Capt Peter G. Hains. Jr. L. s. A.. who
was convicted of manslaughter in the
first degree for kiline William f. Annis
at the Bayside Yacht club last August.
will be taken to Sing Sing tomorrow and
will at once begin serving the sentence
Imposed to-day b. Justice Garretson in
the supreme court. The sentence is an
one. under which the
minimum period Of imprisonment will be
eight years and the maximum l6 years
His time in prison must he spent at hard
labor.
Counsel for Hams late to-day pra ctically
agreed TO his immediate transfer from the
Queens county fail to Sing Sing. when
they announced after consultation with
+. Hams, brother, that no application
would be made for a certificate Of reason
able doubt to act stay If execution.
An appeal based on the general court
record in the case WY pc taken In regular
course. however.
Upon learning the decision Of counsel
the sheriff OF Queens county said that
acting upon the suggestion Of the court
he would take his prisoner TO Sing Sing
within "a hours
PROCEEDINGS IN COURT.
Hams was brought into court from
Queens county jail early. but there was
considerable delay before Justice Garrett
son took his seat on the bench
counsel FOR the defendant made the
usual motion FOR new trial on the
t~cund that the verdict was against the
weight OF evidence and also contrary "a
law
justice Garretson denied the motions
! Counsel then raised the point of the
jurisdiction OF the State court over the
d'tendant. contendng that he had never
"een released from the jurisdiction of the
le"erai government and that therefore
| 'ne case was not properly before the
| court lie also stated that DR.. Brush
| VINO had been an expert witness for the
c'iense, had examined Captain Hams
SINCE he WAS convicted and had founl
him insane
justice Garretson said that there va,
nc evidence to that effect before N.
court and declined to consider the mo-
tion in regard TO Jurisdiction.
The court clerk instructed Hams :,
| come to the bar and proceeded ia tax.
his pedigree
ne prisoner seemed dazed and ar-
parentiy had some difficulty in under.
standing the questions His LAWYERS
stood on either side Of Hams and as.
sisted him in answering the questions
OF the court clerk.
SAYS TRIAL WAS FAIR.
The Judge said Hams had had
fair trial and had been defended h,
experienced lawyers. The jury founC
A verdict commensurate with the re
quirements of the law. He said h,
was not sure any errors Of law hat
been committed during the trial Re
ferring to the nature Of the case. th'
court said Hains had been indicted 70
murder in the first degree. the sever
est crime against society Although
there had been great deal of sym
pathy injected into the case the Law
did not allow a man to punish anoth"
for wrong he had suffered or :
wreak vengeance on a man who ha
wronCed him.
After Justice Ciarrotson had impose
| the sentence, Captain Hams sat dow
and dropped his head on the table be
fore him. He seemed overcome wit
emotion for a few moments, but 500
recovered himself and sat uprigh
staring at the court
General Hams. defendants fathel
and Mai John Powers, who We're /
court. displayed much emotion whe
. the captain was sentenced.
GIVEN "a HOURS FOR APPEAL.
Immediately after sentence the prisoner