The Leon reporter. (Leon, Iowa) 1887-1930, 1910-01-27
IT MAS MANSLAUGHTfR.
That IS the Verdict in the Trial of
France Hamilton, Accused of
Killing Sam Hamilton.

OSif III Luo SoCOuu uSSTcc, GROWING OUT
sf the shooting of his cousin, Sam
Hamilton. at Davis City last Septem
ber, came to a close Sunday night
about 10 o'clock when the jury re-
turned verdict finding him guilty
Of manslaughter. Judge Evans grant
ed his attorneys until Saturday of
this week to file a motion for a new
trial and set next Wednesday at 8
s'clock as the time for passing SEN
tence In case the motion for new trial
ia overruled.
AS stated in last weeks issue of
The Reporter the jury was secured
shortly after noon last Wednesday
and the taking of testimony COM
nenced at o'clock Wednesday after
noon. The state used "a witnesses
and the defense Sc, but notWithstand-
ing the fact that SO witnesses were
used the trial moved along rapidly
and the final evidence was heard on
Friday evening. The testimony in
tae case was not much different from
the story as told in this paper at the
time of the killing of Sam Hamilton.
The defendant went on the stand on
his own behalf and told the story of
the shooting and the events leading
up to it. He said that he went to
the park that afternoon at the re-
quest of Sam Hamilton. While they
were there poker game was started
between the two Hamiltons and sew
eral others, and during the progress
Of the game France and Sam COM
menced high spading and France had
won about four dollars from Sam in
this way, playing for small stakes.
Finally Sam wanted to high spade for
$500, but France demurred saying
that was too much money. WhenEthe
hand was dealt around France
showed the king of spades and told
Sam he would have won his money if
they had made the bet. This seemed
to enrage Sam and he jumped up and
caught France around the neck and
commenced striking him in the face,
and at the same time he pulled out
his knife and threatened to cut his
throat, trying to open the knife with
his teeth. France broke away from
him and ran. He said that knowing
Sam was dangerous man and had
cut several persons with knife, he
expected more trouble to follow, so
he went across the bridge to town and
nArchased a revolver at Fullon' S store
Und some cartridges at the Jeffries3
store. He then started for home, but
concluded that to avoid trouble he
had better fix the matter up with
Sam so he started back towards the
park with the intention of making
peace by giving Sam back the money
he had won from him. They met just
after he crossed the bridge, and
France said he had the money in his
hand and told Sam that here was his
money that they had always been
good friends and he did not want
small sum like that to break up their
friendship. Sam replied that it was
not his money that he wanted, but
him, and made motion towards his
pocket as if to draw weapon and
started towards him and then he shot
him. 1t was reported at the time of
the shooting that several parties in
Davis City tried to persuade France
not to go back over to the park, but
he testified that if any one spoke to
him about the matter he did not hear
them
The testimony of the other wit
nesses to the shooting and those who
we're at the park when the trouble
Ell ot cIal ICO Olu llOL 0luCl udICIldlly
from the story as told by the defend
ant. some of the parties at the park
also testified that Sam drew his knife
and threatened to cut Frances
throat.
In regard to the minor details of
the tragedy there was some very
contradictory testimony given by the
stand and the jury were left to deter
,y,,o soI, -
story straight.
The court room was literally pack
ed during the entire time the case
was on trial, and on Saturday when
the attorneys made their pleas every
seat and every foot of standing room
were filled long before the time for
court to open, and even the corridor
was crowded with spectators. Many
ladies were present at every session
of court.
The arguments were made on Sat
urday, attorney A. P. Olsen making
the opening argument for the state
Saturday morning. He was followed
by c. w. Hoffman for the defense, v.
r. McGinnis then making the closing
argument for the defense, and the
case closed when county attorney
Geo. w. Baker made the closing
argument for the state, finishing soon
after 9 o'clock Saturday evening.
Judge Evans then gave the instruc-
tions to the jury, in which he said
that they could return a verdict find
ing the defendant guilty of the
charge in the indictment, murder in
the second degree, or guilty of less
er degree, manslaughter, or they
could return a verdict finding the de-
fendant not guilty. The case was
given to the jury Saturday night at
S:45 o'clock, and many persons
watched anxiously for many hours
that night and all day Sunday in ex-
pectancy of their arriving at ver-z
dict. AS the time sped by it began
to look as if it would be hung jury
Sunday afternoon at 2 o'clock the
jury sent for Judge Evans and asked
for some additional. instructions in
regard to the case, after which they
again took up the case and still no
verdict. And, there came pretty near
not being a verdict. for Judge Evans
had said that if they did not reach a
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