The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1909-05-18
captain HAMS
bets 8 TO IS YEARS
Slayer Of VIM. E. Annis Is Unmoved
BY Sentence-Judge GarTetson
Denounces Unwritten Law.

81 FLUSHINC, l.. l., May IL. stand
Ak apparently the most uHeoneslnsi
ran IN the court room seeming ny
fs apathetio attitude not 10 realize
yhat A all meant, and after listening
one OF tho most scathing Lrtaisn-
lsnts OF the so-caiied unwcitten law
n YER heard In court of Justice, Capt
eter c. Hams. Jr.. U. 5. a. this
iornin< heard himself condemned TO
ard labor in Sing Sing prison for
srm net less than eight OF more ;han
j6 years for the killing OF William Z.
lnais on the foat or the Bayside
fachi club in Queens county last Aug
ist.
The former dapper army officer a
ghost OF his former self and seeming
~ troubled and weighed down by his
own personal sorrows. made no dem
onstration at any time. and as soon as
sentence had peen pronounced sank
heavily into q chair. His aged father.
Gen. Peter c. Hams. and his brother.
Mai. John Hams. who were in the
court room. also took the sentence
stoically. Ii Is expected that counsel
for the convicted captain will al once
apply to the courts for writ OF rea-
eonable doubt and then carry the case
20 the higher courts.
That the sentence was made very
light was due in part 10 the fact that
District Attorney Dewitt, who secured
the conviction, made no effort 10 op-
pose plea for clemency made by At
torney Eugene Young for Capt. Hams.
30 Is
chambers, gave an audience 10 Attor-
neys Mcintyre and Young, who had
with them Davidson Bennett the law
yer who prepared the confession sign
ed by Claudia Hams at the captain 8
home in Fort Hamilton.
When court convened Mcintyre
made the usual motion for a new trial.
Your motion is denied" broke in
Justice Garretson, What else now p.
We now desire to move for an ar
rest of judgment" continued McIn-
tyre. ION the grounds that the facts
recited In the indictment did not con-
Dtitute a crime and We desire TO raise
the question of Jurisdiction. We OPP
pose any further action by this court
at this time on the ground that at the
time the alleged crime was committed
this defendant, Capt. Peter c. Hams,
was soldier in the United States
army: that the supreme court OF the
state OF New York had no jurisdiction
over him; that he never was and new
or has been since the commission or
the alleged homicide within the juris-
dictfon of the state courts inasmuch
Is his body has never been surrend-
cred to the people OF the state OF New
York by the federal government for
the trial"
This motion Is denied also" ruled
the court. Anything further"
Young then arose and made plea
for clemency on all OF the grounds
brought out at the trial urging the
great mental strain that Capt. Hams
had been under following the discoy.
cry Of his wife's alleged unfaithfulness
and declaring that his reason had been
plainly dethroned when his wife made
'scandalous charges against him in her
counter petition and answer TO his
suit for divorce.
Looking straight at the prisoner
Justice Garretson began his arraign-
ment of the unwritten law:
n The doctrine that man may take
the law into his own hands TO right
any real or fancied grievance is abb
horrent to all thinking people" said
the elderly jurist. 1T must be a
source OF qualification to all right
thinking men that the jury that so. pa
tiently listened TO all of the evidence
N your case saw there no justification
1or murder. The law provides proper
4 1unishment for all who transgress its
mandates, and no human being Is SUI
Dofior TO the law as 1t is laid down In
xx.kx ha, he
1right to take the law into their own
hands and punish those who have
<1lkher really or in fancy wronged
hem. You have had a fair and i'm
orttaI trial and have been convicted
opon the evidence. 1t is my duty to
Impose sentence. The sentence of the
MI II that you, Peter c. Hams, shall
~ confined In the states prison at
XInG Sing for a term not less than
x tHhf PEARS and not more than 10
Is y6orn at hard labor"
Hams Dropped into his chair aud
Do8An again TO roll and anFoll the lock
e " hair or his forehead when ne has
1ngerec constantly ever since the triA.
was first begun.
Later he was taken into en- ante
rooy. wce.e his father, Can. Ea.ps,
and his brother, Major john Iiains.
with the lawyots N the case. ioinsd
Elm. Within IN hour afte. sentence
was imposed. be had bean rotunisd TO
bis call IN the Long Island City ISL
to await transfer 10 the state y-is On.
Mcintyre asked Justice Garretson
for al order prohibiting the immediate
transfer of the prisoner TO the state
penal institution. but this Yves refus-
4 ed.
Neither Capt. nor Gen. Hams cared
TO discuss the future action OF the
( family. declaring that 1t is all in the
hands of the lawyera.
II is generally accepted that an at.
a tempt will be made TO secure 4 certifi-
cate OF reasonable doubt from JUS
tice Of the supreme court. aud IL this
y is successful an effort will be made to
have the captain admitted TO bait
pending the final disposition or the
Z appeal
RAILROAD TERMINAL BURNS.