Evening star., 1909-05-17
Not Less Than Eight Years in
Prison, With Hard Labor.
PRISONER SEEMS DAZED
Motion for New Trial Denied by the
Court.
JURORS PLEAD FOR CLEMENCY
Justice Garretson Declares That
Hams Has Been Treated With
Fairness and Consideration.

| FLUSHING, N. Y, May 17.-Capt. Peter
C. Hams, jr., u. s. A., who was convict
ed Of manslaughter in the first degree for
killing William E. Annis at the Bayside
| Yacht Club last August, was sentenced to-
day by Justice Garretson, in the supreme
SQUIRT to an indetermnate 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 de-
| fendant, made the usual motion for new
trial on the ground that the verdict was
| against the weight of evidence, and also
| contrary to law. Justice Garretson denied
these motions. Mr.. Mcintyre then raised
the point of jurisdiction of the supreme
| court over the defendant, contending that
| he had never been released from the jur-
| isdiction of the federal government, and
/ therefore the case was not properly be-
| fore the court. Mr.. Mcintyre also stated
| that DR.. Brush, who had been an expert
witness for the defense, had examined
| Capt. Hams since he was convicted and
found him insane.
Justice Garretson said there was no evi-
| dence to that effect before the court and
he declined to consider the motion in re-
| gard to jurisdiction. The court clerk
then instructed Capt Hams to come to
| the bar and proceeded to ask him the
| questions usually put to a man about to
| be sentenced.
Prisoner Seems Dazed.
The prisoner seemed dazed and ap-
peared to have some difficulty in under
standing the questions. Lawyers McIn-
tyre and Young of the defense stood on
each side of Capt. Hams and assisted him
in answering the questions of the court
clerk.
In passing sentence Justice Garretson
4 Il ~ &I.,t <l1co ~la,1 lx.. ho6 fni
trial and had been defended by expert
enced lawyers. A jury had found ver-
dict commensurate with the requirements
| of the law. He said that he was mot
aware that any errors of law had been
committed curing the trial.
Referring 10 the nature OF the case, the
court said that Capt. Hams had been in
dfcted for murder in the first degree, the
severest crime against society, and, al
though there had been a great deal of
sympathy injected into the case, the law
did not allow a man to punish another for
wrong hehad suffered or to wreak ven-
geance on the man who had wronged him.
The court said:
Hams Sentenced.
This man stands before me today in the
same position as any other defendant
| does. Peter C. Hams, jr.. after fair
and impartial trial upon an indictment for
murder in the first degree in which you
we're defended by able and experienced
counsel, you have been found guilty by
| the jury of manSlaughter in the first de-
gree. The court is unaware of any sub
stantial error having occurred upon the
| trial to your prejudice.
! THE jury has discredited your plea of
/ legal responsibility, and by it's verdict
has shown to you its utmost considera-
tion which the facts and the law war
ranted. With that verdict the court Is
not disposed to disagree. The logic of it
| is that the killing of William Z. Annis by
you on August 15 last was not justified,
and was the act of a man who was re-
sponsibe therefor. and you must receive
| the penalty which the law prescrfbes.
That any person may assume to be judge
and executioner for real or fancied
wrong done to him by another society
cannot approve and the law does not
sanction. Such doctrine Is abhorrent to
all right-thinking men and the practice
of it Is subversive of modern civilization
In this case the law Of the state has been
vindicated and the claim to right to
mete out personal vengeance has been
again condemned Further comment is
needless. The result Of this trial Is its
own best commentary. The judgment OF
the court is that you be sentenced to
states prison at hard labor for term of
not less than eight years or more than
| sixteen years"
After Justice Garretson had imposed
the sentence Capt. Hams sat down and
dropped his head on the table before
IL.
/ for a few moments, but soon recovered
himself, and sat upright, staring at the
/ court.
Gen Hams. the defendants father, and
| Maj. John Powers Hams, who were in
| court, displayed much emotion when the
| captain was sentenced. Immediately
| after sentence the prisoners lawyers
| asked for a stay OF sentence for faw
Garretson said the case would take the
usual course, and gave the defense
twenty-four hours In which to file an ap-
peal. He then remanded Capt. Hams to
the custody Of the sheriff.
Jurors Ask for Mercy.
The fact that the members of the jury
| which convicted Hams had submitted a
written application for mercy for the
captain was brought out by Eugene H.
Young of the defendants counsel in an
appeal to the court for leniency.
The operation of an indeterminate SEN
tence such as that imposed upon Capt.
| Hains is so fixed by law that unless par
doned 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 Capt. Hams.
During his imprisonment the conduct Of
Capt Hams will be observed by the
prison officials. and at the expiration of
eight years the parole board. composed
of prison officials, may recommend to the
governor that his sentence be communted
to less than the maximum of sixteen
years. The final action rests with the
governor.
Undecided About Appeal.
After Capt. Hains had been taken back
TO the Queens county Jail Mr.. Mcintyre.
his counsel, said that he was not decided
whether to appeal the case. He said that
he would go to the United States circuit
court and endeavor to obtain a writ of
habeas corpus on the ground that Hams
conviction was unconstitutional. This is
in line with the contention of the defense
that Capt. Hams was never properly with
in the juridiction of the supreme court,
and was entirely q subject of federal con-
troll, and as an army officer only within
the Jurisdiction Of the federal court.
Negro Shot and Killed.
PITTSBURG. May ia negro placed
under arrest while disposing Of gold