The Ogden standard. [volume] (Ogden City, Utah) 1902-1910, 1909-05-17
TO SERVE
A LON &
TER NJ
Captain Hains Given
Eight to Sixteen Years
at Hard Labor

Flushing, N Y. May 17.-Captain
Peter C. Hains, U. S A, who was
convicted Of manslaughter In the first
degree Tor killing William f. Annis
at the Bayside Yacht club last Aug
ust, was sentenced today by Justice
Garrctson in the supreme court to
an indeterminate sentence of not less
than eight years nor more than six
teen years at hard labor in States
prison.
John F. Mcintyre, counsel for the
defendant, made the usual motion for
a new trial on the ground that the YER
dict was against the weight of evil
dence and also contrary to law. JUS
tice Garretson denied the motion. Mr.
Mcintyre then raised the point OF Jur-
isdiction of the supreme court over
the defendant. contending that he
never had been released from the jur-
isdiction of the Federal government,
and therefore the case was noc prop
erly before the court. Mr.. Mcintyre
also stated that DR.. Brush. who had
been an expert witness for the de
Tense. had examined Captain Hams
since he was convicted, and found him
insane.
Justice Garretson said there was
no evidence 10 that effect before the
court, and he declined to consider the
motion In regard to jurisdiction. The
court clerk then instructed Captain
Hains to come TO the bar, and proceed
ed to ask him the questions usually
put to a man about TO be sentenced,
The prisoner seemed daZed and seem
ed TO have some difficulty in under
standing the questions. Lawyers Nc
Intyre and Young, of the defense,
stood on either side of Captain Hams
and assisted HIN in answering the
questions OF the chief clerk. In pass
ing sentence. Justice Garretson said
the defendant had a fair trial and had
been defended by experienced lawyers.
A Jury had found verdict commen-
surate with the requirements of the
law. He said he was not aware that
any errors of law had been commit
ted during the trial. Although there
had been a great deal of sympathy
injected into the case, the law did not
allow man to punish another for
wrong he had suffered or TO wreak
vengeance upon the man who had
wronged him After Justice Garretson
had imposed the sentence, Captain
Hams sat down and dropped his head
on the table before him. He seemed
overcome with emotion for a few me-
ments but soon recovered himself
and SAT ,inriphf staring at the cOllrt
General Hams. the defendants faith
err and Major John Hams, who were
i'm court, displayed much emotion
when the captain was sentenced Inn
mediately after sentence. the prison
er's lawyers asked for stay of sen
tence for few days in order to take
an appeal Justice Garretson san the
case would take the usual course and
gave the defense twenty-four hours
in which to file an appeal, He then
remanded Captain Hams to the Gus
tody OF the sheriff,
The fact that the members OF tle
jury, which convicted Captain Hams.
had submitted to the court a recon-
incubation OF mercy for the captain.
was brought out by Eugene III. Young,
of the defendants counsel
The operation of an intermediate
sentence. such as that imposed upon
Captain Hams, Is so fixed by law that
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
named. which is eight years In the
case Of Captain Hams.