The news scimitar. (Memphis, Tenn.) 1907-1926, 1920-04-07

, Hazen, worn and nervous from ths
strain under which he has labored since
the third trial OF the case opened eight
days ago, sat strained and tense, ~
the jury filed in TO report their ver.
dict "Wednesday morning. % hours ana
50 minutes after they got the case.
As the jacket. containing the indict-
meut, on which the Jary's verdict WAS
written. was handed to Mike II. Cohen
first deputy criminal court clerk, 20
be read. Hazen was seated on the edge
of his chair, his hands nervousty clasp
ing His son, Hugh Il. Hazen, seated
alongside. clutched his fathers arm.
Not sound was heard In the court
room. as Judge ]. I'D Richards, before
the verdict. Mr.. Clerk"
From behind the hars OF his little
cage in the courtroom corner. Cohen
began; I'VE, the jury, find the defen-
dant--"
Hazen's hands clutched the arms OF
hts chair. and the veins on the back
stood out from the pressure.
mot guilty" Cohen finished,
Applause broke out--handclappinE and
a faint eheer--from the audience. This
soon was hushed by \ deputy sheriff,
while friends crowded about the de-
fendant to shake hands with him.
Congratulates Holman.
As soon as he could free himself from
these friends. Hazen thanked the jurors
aud shook hands with each. During
tlis period, friends and attorneys who
had heard the case were erowding about
Harry r Holman, chief counsel for
Haxan, to congratulate him. Credit
generally for the verdict was given to
Holman, whose argument before the
jury ungueEtlonably had marked ef-
| feet. This argument, lawyers who
heard the case, were unanimous in de-
claring one of the most convincing. APP
pealing and effective ever delivered in
| the county.
Hazen, standing six feet. three inches.
clasped his attorneys hand. and, In
broken voice, said:
Harry, words can't tell you how 1
1 ! feel like the little money that / paid
70 You la so Inadequate, s1---" and his
voice broke with sob
Holman laughed Forget it. I've
been paid. and you got the verdict that
you should have received" he said.
A charge Of carrying 4 pistol, lodged
against Hazen along with the indict
| ineilt charging murder, was called for
trial, when the excitement following the
verdict had died down. The case
called. John T. Shea. first assistant at
| torney-general arose from his seat.
Your honor" Shea said, addressing
| the court, "on the recommendation OF
the attorney general I recommend
verdict Of not guilty in this case" And
| 1t was so entered.
Hazen. with his attorney, Holman.
went TO the office of Sam o. Bates,
attorney general. Bates was out Ha-
zen left the following message with
Theodore HUM, county detective, to be
delivered to Gen. Bates:
Il bear no malice against Sam Bates
for the prosecution of this case. l re-
spect him for doing his duty to the
state as he saw 1t. But | want to thank
hhim for recommending a dismissal or
that charge OF carrying a pistol That
shows his big heart
j. NJ. Goff. Memphis capitalist, and
one of the signers of Fay Hazen's
$4,000 bond. was at Hazen's side when
the verdict was read. He has been a
had a deep, personal interest in the
case. Tears weled up in his eyes
when the verdict was read.
On "Unwritten Law"
Hazen's aequlttal was won on an ap-
peal to the jury under the 'unwritten
law self-defense also was entered
''unwritten law" was the main argu-
ment OF Harry I. Holman. Holman had
| to combat one of the most vigorous
prosecutions OF recent years. Attorney
General Bates, Who conducted the pros
| eeutI0n In person, made as eloquent
an appeal for conviction as did Holman
for acquittal.
Hazen will make hiS future home IN
| New York ho announced following the
verdict. Mrs. Frances Hazen. his Sec
ond wife, about whom. the killing OF
Simms occurred, got a divorce following
| the second trial OF the case, more than
year ago. He since has remarked.
| His wife was Mrs Eula May Malone,
| OF New Orleans, widow Of the late
Walter II. Malonet formerly chief clerk
| OF the Rock Island lines.
HaZen first was tried for the killing
| of Smms in November, 1917 He was
defended by the late Robert Prescott,
and Hugh Magevney, OF the law firm
| Of Prescott e. Magevney. The result
was hung jury
The second trial of HaZen's case, in
January, 1918. resulted in a verdict OF
| guilty. but the case was reversed by
the supreme court, because the jury
had not written the degree Of homicide
as required by law. Magevney with
! drew from the case after the second
trial, and Harry r Holman was en-
ployed by Hazen, Fred l.. Muilinix, OF
| lonesboro, Ark, attorney and old
friend Of Hasen. acted as associate
counsel throughout the three trials.