Evening capital. (Annapolis, Md.) 1884-1910, 1889-09-20
TWO YEARS FOR EVA
Mrs. Hamilton to Pay the PEN
atty for AtrooiOus Assault.
DRAMATIC SCENES AT THE TRIAL

The Judge Pronounces what He Calls .
Lenient Sentencc-Fleas Of the Conn
ssl-The Judges Charge Against the
PrIsoner-On Cross Examination Eva
Declines 20 Identity Her baby.
MAYS LANDING. N. J., Sept. 2O.-The
second day of the Hamilton trial opened
fair and bright. Long before the hour
Of 10 the court house was filed with
spectators. and in waiting for the court
TO open the proceedings of the previous
day and the chances Of the wayward
=s;Oonar were eagerly discussed.
The most damaging testimony against
the defendant was that which was
ELECTED from Mrs. Hamilton under the
cross examination to which she was sub
jected, She was asked where her father
lived and where she was born; where
she first met her husband, and how she
had supported herself, and she answered
all these interrogatories with much hesi-
tation and confusion. During this time
Capt. Perry was almost continually on
his feet raising objections to those ques-
tions, but they were all promptly over
ruled by Judge Reed.
Whose Baby Is II?
When Prosecutor Thompson, IN cold
measured terms. said: 'sWhere was your
baby borny the woman started, blushed,
turned pale and shuddered, but did not
answer, while her legal defender jumped
70 his feet and raised his objections in
the most eloquent language. 1t was in-
deed the most dramatic occurrence Of
the trial, but the objection was over
ruled and Judge Reed said quietly:
'sThe only grounds upon which the de-
fendant can refuse to answer the cues
tion is to say that by answering it will
criminate her. DOES the witness say
that?' To this, in weak, tremulous
tones, Mrs Hamilton replied: II do not
say that, but if answer that question
it will damage me greatly" Then Judge
Reed said: THAT will not do. You
must answer the question" The pris-
oner said: II refuse to answer the Ques-
ton, as if / do it may criminate me in
another court"
The next question Of the prosecutor
proved to be another bomb. She was
asked: "Are you the mother of that
childg" She did not answer and Judge
Reed asked: do you refuse to answer
on the ground that it will criminate
you?" In very weak tones she an
swered: "Yes. This practically ended
her examination, as the prosecution had
scored the desired point.
Capt. Perry's Plea.
Capt. Perry stated that his client did
not care to appear in court during the
argument and consequently her appear
ance was waived. This was q serious
disappointment to the large and curious
audience.
During his argument Capt Perry,
with clearness and emphasis, urged the
jury to separate the stabbing case in At
lantic City from the Hamilton develop.
ments in New York. They had no con-
nectiOn. Mrs. Hamilton was charged
with an assault upon Mary Donnelly.
Was the assault in self defense or was it
premeditated? That was the issue be.
fore the jury. The sensational newspa-
per reports of the troubles of the Hamil-
tons were foreign to the case. The jury
men were simply to consider the Attain
tic episode and determine whether Mrs.
Hamilton acted willfully, with mali
ciOus or deadly intent, or struck the
blow because she thought her life was
In peril through her fear of Mary Dom
nelly.
Prosecutor Thompson, on behalf OF
the state, then related the causes that
led to the quarrel. The first point he
scored was the fact that Mrs. HAM
flton reached around her husband to cut
the nurse while she was interfering with
the intention Of stopping the row.
Judge Reeds Charge.
"Call the jury" was the peremptory
request of Judge Reed when he resumed
his seat at the opening of the afternoon
session, and few minutes later he be-
gan his charge. 'sThe whole matter
hinges on the plea of the defense. +" he
said, '.that The blow was struck III self
defense, but when q deadly weapon is
used in self defense it materially alters
the case" He continued I'm this vein,
dwelling on the fact that the knife
thrust was deadly one, and the only
way in which the plea of the defense
could possibly be tenable was that the
blow was struck to save the defendants
life; that she was in imminent danger
and had to deal the deadly blow TO save
her own life.
The Jury Retfreg.
The charge was clearly against the
prisoner. He set aside all the facts
which il was said led up to the cutting.
He instructed the Jury to give her the
benefit Of any doubts as to Che character
Of the crime. They might bring q YER
dict Of assault and battery. Il they
thought her knife thrust was not ma
ncious, Tut If they viewed the matter
from the standpoint that she reached
around to stab the nurse, then there was
no reason why they should not return j
verdict in accordance with the indict-
nent.
Then the jury fled out Of the court
Toom il charge Of Constable Sims.
The Prisoner Sentenced.
The jury returned to the court room
at S:15. At this time there was an
other trial In progress, which Judge
Reed did not intercept, batkept the jury
sitting there and the audiencesEin sus-
2ense FOR some tiine
Mrs Hamilton entered the court room
at 8.25.
The jury returned q verdict 0f Guilty
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