Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1909-05-21
HAMS GETS
FROM 3 TO
10 YEARS
SLAYER OF WILLIAM E. ANNIS
GIVEN INDETERMINATE SEN
TENCE FOR CRIME.
TO FILE AN APPEAL AT ONCE.
Prisoner Is Dazed at Words of Justice
and Stares at Him After Pro-
ceedings Are Ended
is TAKEN BACK TO JAIL CELL,

FLUSHING. n. Y, May 17.-Capt
Peter c. Hams. Jr., Z. S. A, who was
convicted Of manslaughter i'll the first
degree for killing William E. Annis at
the Bayside Yacht club last August, was
sentenced today by Judge Garretson in
the supreme court to an indetermlnate
sentence of not less than eight years
nor more than sixteen years at hard la
Dor in states prison.
John +. Mcintyre, counsel for the de-
PENDANT, made the usual motion FOR a
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 re-
leased from the jurisdiction of the fed
eral government and therefore the case
was not properly before the court.
Mr.. Mcintyre also stated that DIR.
Brush, who had been an expert witness
for the defense had examined Capt. Hams
since he was convicted and found MN
insane. Justice Garretson said there was
no evidence to that effect before the
court and be declined to consider the
motion in regard Of jurisdiction.
Prisoner Seems Dazed.
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. The pris-
oner seemed dazed and seemed to have
some difficulty in understanding the ques-
tons. Lawyers Mcintyre and Young of
the defense stood on either side of Capt
Hams and assisted him in answering the
questions of the court clerk. In passing
sentence, Justice Garretson said that the
defendant had had a fair trial and had
been defended by experienced lawyers.
A jury had found a verdict commensu-
rate with the requirements of the law.
He said that he was not aware that any
errors of law had been committed durin g
the trial.
Crime Was Inexcusab1e
Referring to the nature of the case,
the court said that Capt Hams had been
indicted for murder in the first degree,
the severest crime against society, and
although there had been a great deal of
sympathy injected into the case, the law
did not allow man to punish another
for wrong he had suffered or to wreak
vengeance on the man who had wronged
him After Justice Garretson had i'm
posed the sentence, Capt Hams sat
before him. He seemed overcome With
emotion for few moments, but soon re-
covered himself and sat upright, staring
at the court.
Will File an Appeal.
Gen. Hams, the defendants father,
and Mai. John Powers Hams, who were
in court, displayed much emotion when
the captain was sentenced. Immedi-
ately after sentence the prisoners law
yers asked for a stay of sentence for a
few days in order to take an appeal.
Justice Garretson said the case would
take the usual course and gave the de-
tense twentyfour hours in which to file
an appeal He then remanded Capt.
Hams to the custody of the sheriff.
After Capt. Hams had been taken
back to the Queens county Jail. Mr.. Nc
Intyre, his counsel, said that he would
90 to the United States circuit court
and endeavor to secure a writ of habeas
corpus on the ground that Capt. Hams
conviction was unconstitutional: Inns
is in line with the contention Of the de-
tense that Capt. Hams was never prop
erly within the jurisdiction of the SUI
preme court and was entirely a subject
of federal control and as an army officer
only within the jurisdiction of the fed
eral court,
May Receive Pardon.
The operation of an indeterminate
sentence such as that imposed on Capt.
Hams is so fixed by law that unless
pardoned by the governor or released on
some legal point raised by his counsel,
the prisoner must serve the full length
&c n
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 committed
to less than the maximum OF sixteen
years. The final action rests with the
governor.
Capt. Hams Status.
On the army roles, Capt. Hams is still
marked as absent in the hands Of the
civil authorities. Under the ninety-ninth
article of war, in time of peace, an officer
cannot be dismissed from the army ex-
cept by court martial.
The opinion was rendered in the case
of an enlisted man, and had no reference
to the case of Capt. Hams. 1t is to the
effect that where man was in the hands
of the civil authorities he must be held
to be absent without leave, if conviction
follows, and, on the other hand, held to
be not absent without leave if no convic-
ton was had, since the duress to which
he was subjected by the civil authorities
clearly prevented him from rendering
service to the United States. In case of
conviction. however, it was held that the
duress must be deemed to have been due
to the fault of the soldier. Under that
opinion, Capt Hams may yet be brought
to trial before a military court martial
on the charge of being absent without