New-York tribune., 1909-05-18
SING SING FOR HAMS
FROM 8 TO Is YEARS 1T
HARD LABOR.
Prisoner UnconcerRed When Court
PronOunces Sentence-JurOrS
Urged CIemency.

Captain Peter c. Hains. jr, was sentenced yester-
day TO spend from eight TO sixteen years at hard
labor in Sing Sing Prison the murder Of William
2 Annis on August 15, 1865 Sentence was pro-
nounced by Justice Garretson in Flushing The
prisoners Eray-haired father. General P. c Hams,
aud his brother. Major J. P. Hams, were deeply
affected but the prisoner did not manifest the
slightest trace Of feeling or concern
John F. Mcintyre. chief counsel for the prisoner,
offered several motions set aside the verdict as
serting that # contrary TO the weight of evi-
dence. that the indictment irregular, that the
facts disclosed did not constitute crime, that the
court had jurisdiction owing to the fact that
at the time Of the homicide the prisoner was a
soldier in the employ of the government, and that
the United States had not formally surrendered
him. The motions were denied.
The prisoner was indifferent during the taking Of
his pedigree. He said his name Peter" and
assented with appearance Of impatience when
the clerk suggested Peter c. Hams. jr-''? He was
asked three times how old he was, and then re-
piled he thrty-six- Ever arrested?' asked
the clerk He shook his head sadly. Have you a
tra6e?'' Il soldier said he. "Have you a
mechanical trader u am a soldier he again re-
piled. His eyes opened wide when he was asked
his religion. and one OF his lawyers said that he
was Protestant. The question as 10 whether he
was married aroused him slightly but he did not
respond, Mr.. Young giving the reply
Mr.. Young made the plea for clemency, during
which he stated that the members of the jury had
signed petition to the Court asking for leniency
IL lle passing OF SeEteIG6
Mr.. Mcintyre told the Court that Dr. Arthur C.
Brush and DR.. Clarence A. Platt agreed that the
prisoner insane and asked that Justice
CiarretsOn consider that.
AS TO that" said Justice Garretson, - have no
knowledge that would enable me act This man
stands before me in exactly the same position as
any other defendant. Then. turning 10 Captain
Hains, he said slowly and impressively-
Peter c. Hains, jr-, after a fair and impartial
trial upon an Indictment for murder in the first
degree, in which you were defended by able and
experienced counsel, you have been found guilty by
the jury of manslaughter in the first degree The
occurred upon the trial 10 your prejudice The
jury have dscredited your plea of legal irrespon-
sbility and by their verdict have shown to you
the utmost consideration which the facts and the
law warranted.
With this verdict the Court is not disposed to
disagree. The logic of IL is that the killing
gust last was not justified and was the act of a
who responsible therefore you must
receive the penalty which the law prescribes that
no person may assume to be Judge and eXecutoneT
Tor q real fancied wrong done him by another.
Society cannot approve and the law does not sane
ton IT, Such q doctrine is abhorrent to all right
thinking men and the practice OF 1t Is subVerSlVe
of modern civilization
In this the law of the state has been vindi-
Gated the claim 10 the right to mete out per
s0nal vengeance has been condemned. Further
is needless The result of the trial is its
own best commentary. The judgment of the Court
Is that you be confined in the state prison al Sing
.he minimum Of which Is eight years and the maxi
of which IS sixteen years
Mr.. Young said last night that there would he
no appeal for q certificate OF reasonable doubt or
FOR stay Of execution Of sentence at this time.
There will be an appeal. he sad, taken in the reg
uiar way. Ga ptain Esns viii he taken to Sing Sing
tonight OF tomorrow.