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Show TO SERVE ALONG TERM Captain Hains Given Eight to Sixteen Years at Hard Labor Flushing, N. Y., May 17. Captain Peter C. Hains, U. S. A., who was convicted of manslaughter iu the first degree Tor killing William B. Annls at the Bayside Yacht club last Aug- I ust, was sentenced today by Juslice Garretson in the supreme court to i an Indeterminate sentence of not less than eight years nor more than sixteen six-teen years at hard labor in State's prison. j John F. Mclntyre, counsel for the I defendant, made the usual motion for a new trial on tho ground that tho verdict ver-dict was against the weight of evidence evi-dence and also contrary to law. Justice Jus-tice Garretson denied the motion. Mr. Mclntyre then raised the point of jurisdiction jur-isdiction of the supremo court over tho defendant, contending that ho never had been released from the jur-j jur-j isdlction of the Federal government, and therefore tho case was no: properly prop-erly before the court. Mr. Mclntyre also stated that Dr. Brush, who had been an expert witness for the defense, de-fense, had examined Captain Hains since he wa3 convicted, and found bim Insane. Justice Garretson said there was no evidence to that effect before tho court, and he declined to consider t ho motion in regard to jurisdiction. The court clerk then instructed Captain Hains to come to the bar, and proceeded proceed-ed to ask him the questions usually put to a man about to be sentenced.' The prisoner seemed dazed and seemed seem-ed to have some difficulty in understanding under-standing the questions. Lawyers Mclntyre Mc-lntyre and Young, of the defense, stood on either side of Captain Hains and assisted hizp in answering the questions of the fchief clerk. In passing pass-ing sentence. Juwtico Garretson said the defendant had a fair trial and had I been defended by, experienced lawyers. ! A jury had found a verdict commen- surate with the requirements of the I law. He said he was not aware that j any .errors of law had been commit-l commit-l ted during the trial. Although there ! had been a great deal of sympathy J injected into Ihe case, the law did not j allow a man to punish another for ' wrong lie had suffered or to wreaK '. vengeance upon the man who ' had 1 wronged him. Affr Justico Garetson had imposed the sentence. Captain Hains sat down and dropped his head on the table before him. He seemed ; overcome with emotion for a few iiva i ments, but soon recovered himself and sat upright, staring at the court. ! General Hains. the defendant's fath-' fath-' er, and Major John Hains, who were : in court, displayed much emotion ' when the captain was sentenced Im-j Im-j mediately after sentence, the prison-er's prison-er's lawyers asked for a stay of sentence sen-tence for a few days in order to taktf an appeal Justice Garretrvm tho case would 4ake the usual course and gave the defense twenty-four hours in which to file an appeal. He then remanded Captain Hains to the custody cus-tody of the sheriff. Tho fact that the members ot the jury, which convicted Captain Hains. had' submitted to tho court a recommendation recom-mendation . of mercy for the captain, was brought out by 'Eugene II. Young", of the defendant's counsel. ' Tho operation of an intermediate sentence, such as that imposed upon. Captain Hains, is ho fixed by law that 1 unless pardoned by the governor or : released ou 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 i case of Captain Halus. |