The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-06
then. witness after witness sidestep,

then, witness after witness sidestep-
ped and said:
Hearsay Evidence.
i know nothing except what I have
heard
Then they were unable to say where
they heard things and the state OBJ
jected to the testimony as evidence.
All of the witnesses had been ex-
amined at 1915 o'clock today and "A.
w. Dana, judge, read his instructions
to the jury. The attorneys for the de-
Tense expressed themselves as we'll
pleased with the instructions. Under
them the jury must find that Hamil-
ton knowingly persuaded Mrs. Azlein
to go with him from the corner of
Chester and Thomas streets in Oak
land to barn three blocks away for
immoral purposes or acquit him. The
case hangs on that one point.
Judge Dana explained that it was
unnecessary that the jury find that
Hamilton committed any overt act
after reaching the barn. Under the
instructions. if he persuaded her to
go and his intent was immoral he is
guilty of violating the Kansas white
slave" law. However, he must have
persuaded, induced, enticed or pro-
cured her to go.
If said Judge Dana, 1.-The jury
finds that she went of her own accord
and was neither persuaded, induced,
enticed nor procured, then the jury
shall find the defendant not guilty.
There was much talk among at
torneys during the progress of the
case about prospective damage suit
to be brought by the Azlelns against
Hamilton following the criminal case
Judge Dana instructed the jury that
the question as to whether or not
damage suit is to be brought is no
defense. but that the jury had a right
to consider it in summing up the evil
dence.
Argument of Attorneys.
The attorneys began their argu-
ments before the jury at 1870 O'Clock.
and were given until noon to complete
them. the intervening time being
divided equally between the state and
the defense. Robert Carver. assistant
county attorney, made the opening
statement for the state. He was fol-
lowed by Douglas Mote for the de-
tense. w. E. Atchison, county at
torney, closed for the state and Ed
Rooney for the defense.
Atchison painted Henry Hamilton,
the middle-aged farmer, as an ex-
tremely undesirable piece of humanity.
he used expressions which if used one
man TO another on the street would be
responsible for a riot call
He painted a word picture of the
ruined Azlein home. Mrs. Azlein who
had been listening to his excoriation
OF Hamilton with an expression of
satisfaction. lapsed into tears when he
of her and her family She put her
handkerchief to her face and sobbed
until several jurors looked her way
Rooney, attorney for Hamilton, made
some sort of an objection to it, but
ms objection was overruled She con-
tlnued to sob as the attorneys for the
state continued to play upon the SYM
pathy of the jurors.
With a Wide Brush.
When Rooney made his argument
Tor the defense he painted Hamilton
as white as the driven snow and
USED broad brush in plastering the
Dlack upon Mrs. AZlein and her huS-
band Attorneys are permitted to go
much farther in their arguments than
i'll examining witnesses.
When the arguments began to grow
warm Judge Dana issued instructions
that every child under 1 6 years of age
should leave the court room and in
vlted all women to leave also, unless
their compilations were blush-proof.
y few women stayed -.t..
The arguments We're completed at
noon. The case went to the jury at
1870 O'Clock this afternoon. Specta-
tors and ATTORNEYS who have crowded
the court room have formed opinions
among them appears to be that the
jury would either acquit Hamilton or
report a hung jury
The county attorneys office was
not over-confident OF conviction.
The penalty fixed by law for a vio-
lation of the Kansas white slave"
law is a term IN the state penitentiary
of from one to five years.
Hamilton is forty-nine years of age.
He is the father of two children in
their teens, and the husband of a
woman ne married four days before
the criminal proceedings were insti-
tuted against him
Mrs. Azlein is about twenty-eight
years of age, the mother of three little
children. Her husband has occupied
a seat beside her thru the entire pro-
ceedine~