Evening journal., 1909-05-17
EIGHT YEARS
FOR HAMS

we desire to raise the question OF juris-
diciion We oppose any further action by
this court at this time on the ground that
at the time. the alleged crime was COM
mitted this defendant Captain Peter G..
Hains. was q soldier Of tho United States
Army; that the Supreme Court Of the
state OF New York had no jurisdiction
over him that he never was and never has
been since tho commission OF the alleged
homicide within tho jurisdiction OF the
state courts inasmuch as his body has
never been surrendered 20 the people Of
Tho state Of New York by the federal
government for trial"
'This motion is denied alsor ruled
tho court, anything further
PLEA FOR CLEMENCY.
Young then arose and made a plea
for clemency on an the grounds
brought out at the trial. urging the
eroat montal strain that Captain Hains
had been under following the discovery
of his wife's alleged unfaithfulness and
declaring that his reason had been
plainly dothroncd when his wife made
scandalous charges against him in hpr
counter petition, and answer to his
suit for divorce. Sweeping his hand
toward the District Attorney, Young
said:
'And ] do not believe the state viii
urge an extreme penalty for this poor
mind shattered utterly broken man."
When Young sat down. Justice Gar
retson nodded 20 the clerk Of the court,
and the latter shouted
Peter c. Hains 10 the bar"
For an instant the Captain did not
move and then Mcintyre and the
deputy sheriff that had him in custody
touched him on the shoulder and ho
stood az attention looking out OF tho
window az the grayish blue sky be-
yond,
Swear him." said tho court. and IN
obedience TO tho instruction Of the
clerk the captains right arm went up,
and no promised To make true answers
20 tho questions asked. But with the
first one there was trouble. Either The
Captain did not comprehend what was
asked Of him. or he WAS "a consumate
actor as he seemed not to hear and q
somewhat embarrassing problem was
settled 10y Mcintyre stepping forward
and giving the usual answers 10 the
pedigree questions asked.
Looking straight az tho prisoner
Justice Garretson then began his ar
raignment Of the unwrittcn law.
"The doctrine that man may tske
the law IA his own hands 20 right
any real or fancied grievance is
abhorrent 20 all thinking people" be
gan the elderly iurist In a cain bni
strong voice that penetrated 10 the
very corners of tho room.
"It must be qualification 20 an
right thinking men that the jury that
SO patiently listened 10 all of the owl
dencc iu your case saw there no justs-
fication for murder The law provides
proper punishment for all who trans
grcss It's mandates and no human be-
ing is superior to tho law as IL is laid
down in the statute books. No ono has
the right 20 take the law in their own
hands and punish those who have
either really or i'm fancy wronged them
You have had fair and impartial
trial and have been convicted upon
the evidence. IL Is my duty 70 i'm
pose sentence. The sentence of th'
cou. Is that YOU. Peter G. Hains, shal
be- confined in tho state prison az sins
Sing for q term not less than eigh
yoars and not more than sixteen yeari
al hard labor"
Hams shuffled back 70 his seat droppe'
into his chair and began again to roll an'
unron tho lock OF hair on his forehead
which he has fingered constantly evei
since the trial was first begun.
Later he was taken into an ante-roon
where his father. General Hams. and hii
brother Major John Hains with the law
yers in the case Joined him. Within ar
hour after sentence was imposed he hat
been returned 10 his cell An Long ISLAND
city Jail to await transfer to State prison