The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-05-18
EIGHT YEARS FOR
CAPTAIN HAMS
lndeterminate Sentence Given
Slayer of AnniS-Minimum
Must Be Served.
AN APPEAL WILL BE TAKEN
IN THE MEANTIME ARMY OFF,
GER WILL GO TO PRISON.

%$%%*%***%*4+4*4+++++
Flushing. \. y. May I-Unless =
= some unlooked-fOr legal obstacle is =
= interpOsed, Captain Peter C.. Hams y
y it.. L. 5. A. vino was convicted OF y
= manslaUghter i'm the first degree for .
= Killing William 7. Annis last Au- g
= gust, VIII be taken TO Sing Sing TO y
= morrow 10 begin the sentence i'm =
> posed today by Justice GarretsOn. =
= The sentence is indeterminate. Un- y
= der which minimum period Of i'm -
= prlsonment VIII be eight years and .
= The maximum sixteen years. Coun- =
y sci for Hams late today practically =
= agreed 30 their clients immediate y
= transfer TO Sing Sing. when they =
= announced after q consultation with >
= General Hains.i his father. and Ma =
= Jor John p. Hams, a brother. that no >
= application would be made for GER .
> ti1lCate OF reasonable doubt az q =
3 stay of execution An appeal. based =
= on the record in the case, viii be =
= taken i'm regular course. =
+%++~+N%<*+4+ 4%*%4+%&4%44@
Flushing, y. y. MAY l7.-Captain Peter
c. Hams. L. s. A.. who was convicted
of manslaugh1er i'm the first degree for
killing William T.. Annis al the Bayside
Yacht club last August was sentenced
today BY Justice Garretson I'm the su-
preme court to an indeterminate sentence
Of not less than eight years nor more
than sixteen years at hard labor in state 3
prison. John +. Mcintyre. counsel for the
defendant. made the usual motion for Il
new trldl on Tire ground that the verdict
was against the weight Of evidence and
also contrary to law. Justice Garretsnu
denied the motion. Mr.. Mcintyre then
raised the point of Jurisdiction Of the su-
preme court over tine defendant contend
the jurisdiction of the federal govern
ment, and therefore the case was not
property before the court. Mr.. MCIu-
tyre also stated that DR.. Brush. who had
. been an expert witness for the defense.
. had examined Captain Hams siuce he
was convicted and found him insane.
Sentence Passed.
Justice Garretson said there was mo
evidence to that effect before the court
regard TO Jurisdiction. The court clerk
instructed Captain Hams to come to The
bar and proceeded TO ask him the ques-
tons usually put to 2 man about TO be
sentenced The prisoner seemed dazed
and seemed to have some difficulty i'm
understanding the questions. Lawyers
Mcintyre and Young Of the defense. stood
on either side Of Captain Hains and as
sisted him In answering the questions of
the chief clerk ln passing sentence. JUS
| tice GarretsOn said the defendant had
had "A fair trial and had been de Tended
by experienced lawyers. A jury had
/ Ao1liA d fVlulct COMMENSURATE Win the
requirements Of law He said he was not
aware that any errors Of law had been
committed during the trial Although
/ there had been great deal of sympathy
injected into the case. the law did not
allow man TO punish another for a
wrong he had suffered or to wresk ven
geaDCe upon the man VINO had WrOnged
him. After Justice Garretson had i'm
posed the sentence. Captain Hams sa
down and dropped his head on the "a bic
before him. He seemed overcome with
emotion for a few moments. but soon re-
covered himself and sat upright staring
at the court.