The Bridgeport evening farmer., 1909-05-17
Vudge Garretson Today Condemned Him to Pris- on for a Term not Less Than Eight Nor More Than Sixteen Years for killing William E. Annis Last August.
 AH Motions of Prisoners Counsel Denied, Followed by a Scathing Arraign- ment of the So-Called Un- written Law by the Court -Hains Remains Stolidly Indifferent Throughout.

-Hains Remains Stolidly
 Indifferent Throughout.
 Especial from United Press.) :.
 Flushing, L. l., May 17,-Standing
 apparently the most unconcerned man , fn the court room, from his apathetic
 attitude seeming hardly to realize what
 1t all meant, and after listening to one Of the most scathing arraignments of S'Hhe so-cslled unwritten law ever heard Yin a court of justice, Captain Peter c. sEIains, U s. A.. this morning heard ifimself condemned to hard labor in lGinE Sing prison for a. term not less than eight nor more than sixteen years,
 for the killing of William E. Annis. son the float of the Bayside Yacht Club in Queens county last August.
 The former dapper army officer, a ' ghost of his former self and seemingly troubled and weighed down by his own jpersonal sorrows, made no demonstra- ftion at any time and as soon as sen '. tence had been pronounced, sank heav- lily into a. chair without evinclng the s slightest symptom of having realized the ordeal through which he had pass ' ed.
 His aged father, General Peter C..
 Hains. and his brother, Major John Hairs, who were in the court room, also took the sentence stolidly, bel1ev- ling it even better than they had hoped
 for.
 1t is believed that counsel for the
 convicted Captain will at once appeal to the courts for a writ of reasonable l doubt and then carry the case to the ihigher coufts- That sentence was made very light was due to the fact 1 that District Attorney Dewitt, who secured the conviction, made mo effort to oppose a plea of clemency by At jHains Dewitt was willing that the extreme penalty be not enforced in the case, being apparently satisfied that the judgment of conviction had been Justified.
 I Justice Garretson entered his cham bers at 10 o'clock a-4d at once gave an audience to Attorneys Mcintyre and i Young who had with them Davidson 1 confession signed by Claudia Hains at l the Captains home in Fort Hamilton. What passed in the chamber was not revealed but it was understood that Young and Mcintyre endeavored to l tighten judgment owing to Claudia Hains' story of her career with An | his.
 | As soon as the conference concluded Justice GarretSon ascended the bench in front of which Captain Hains had ! been lolling in a chair for more than an hour. After a nod to the attor- neys, Mcintyre was on his feet. 'If It pl0aS9 the COuII, ne p0Sdn, u6- sire to move that the judgment of con- viction against this defendent, Peter c. Hains, be set aside on the ground that it was contrary to law; that it was against the writ of evidence, and i further desire to move that the yer dict be set aside and a new trial grant | ed on the exceptions taken by the de- fense during the previous trials.' | Your motion is denied,' broke in | Justice Garretson. What s,lse new?' l we now desire to move for an arrest ] of Judgment" continued Mcintyre, "on ! the grounds that the facts recited in | crime and we desire to raise the ques- ton of jurisdiction. We oppose any further action by this court at this time on the ground that at the time the alleged crime was committed this defendant, Captain Peter c. Hains, i was a soldier of the United States Army; that the Supreme court of the State of New York has no jurisdiction over him: that he never was, never has been since the time of the alleged l homicide within the Jurisdiction of the State courts, tnasmuch as his body has | never been surrendered to the people | of the State of New York by the Fed eraI government for trial"
 This motion is denied also." ruled the court. Anything further?'' Young then arose and made a plea for out in the trial, arguing that the great mental strain which Captain Hains has been under following the discov- cry of his wife'S alleged unfaithfulness
 plainly deprived him of his reason. Sweeping his hand toward the district attorney. Young said, "and I do not believe the State will urge an extreme penalty for this poor, mind shattered utterly broken man."
 As Young sat down Justice Garrett
 son nodded to the clerk of the court and the latter said: Peter c. Hains to the bar'' For an instant, the Captain
 (i moi or(i her oT mi a md the deputy sheriff that had him in GUS tody touched him on the shoulder and he stood at attention looking out of the window at the grayish blue sky be- yond. Swear him. said the court
 and in obedience to the instruction of the clerk the Captains right arm went up and he promised to make true an- SwerS to the 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 a. somewhat embarrassing problem was settled by Mcintyre step- ping forward and giving the usual an- swers to the pedigree questions asked. Hooking straight at Captain Hains, Justice GarretSon then began his ar raignment of the unwritten law.<
 sThe doctrine that man may take the law in his own hands to right any real or fancied grievance is abhorrent to all thinking people, began the el- GerIy jurist in calm but strong voice that penetrated to the farthest corner of the room. s'It must be source of qualification to all right thinking men that the jury that so patiently lfste1sed to all of the evidence in your case saw there no justification for murder. The law provides proper pun fshmeft for all who transgress it's man. dafes and nothing is superior to the 7Svv ae H is laid down in the statute &o61<n No one has the right to take
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