The Washington herald., 1921-03-17
Offers to Submit Slayer's
Fate to Jury Without
Argument.
SURPRISE SPRUNG
/, UPON PROSECUTION
Act Would Forestall Re
ply in Rebuttal by
State Attorneys.

ARMoRE, Okla. March '1s--The
defense sprung a final surprise when
Il offered to submit Clara Smith
lannon's fate to. the jury without
argument
The offer came as the conclusion
of the opening argument in behalf
of the State. by H. H. Brown. special
prosecutor. william Mclean. chief
counsel for the defense, arose when
Brown sat down and started TO
make his offer. Judge Thomas w.
Champion. stopped Mclean and re-
auested that he step to the bench.
There he formally made the oner'
ont of the hearing of the jury IL
the defense offer is sustained the
case Immediately will go 10 the
Jury. Nine hours yet remaining for
the arguments blythe State and de-
fense would be halted Attorney Gen.
eraI Freezing automatically would
be prevented from presenting a
closing argument in behalf Of the
State.
Disputes Legality.
whether the defense will be per-
mjtted to carry out its intention
win be ruled on tomorrow morning.
Attorne General Prince Freelins'
assisting in the prosecution. con-
tended that IL could not be done un-
der the laws of Oklahoma He re-
questsd and was granted permission
TO submit legal authorities on the
quetsion at o'clock tomorrow
morning. Defense attorneys con-
tend that they can produce legal
preoedsnts bearing them out in
their offer.
whsn the defense made its an
nouneement. Brown had just nm
ished q scathing arraignment of
Clara Smith. For more than an hour
he had held her up before the jury
rs a woman who had contracted her
virtue away.
widow In Court.
Throughout the argument of the
States representatives, the widow
of Jake Hamon sa at the counsel
table with her two children. At
tired in deep mourning, she sat with
her head bowed forward and her
handkerchief to her eyes the great
er part of the time. She heard
Brown say that Jake Hamon Is
a,rS. ha life
he was" And she heard the prose-
eutor relate the intimate association
of years between her husband and
Clara Smith, who sat across the
table from her. II Clara Smith was
lrfected in any way by Browns ar
xument she did not disclose it. Sit
ting erect in her chair she kept her
eyes on the jury. now and then
shifting them to Brown, who per-
spiringly paraded before the jury
denouncing her.
Brown briefly reviewed the life OF
Jake Hamon. He referred to him as
0 pioneer. who in the early days of
the country staked his claim along
with others And finally. how he
attained wealth and power. They
have referred to this defendant as
a country GIRL" said Mr.. Brown,
pointing his finger at Clara Smith.
you men noticed her while she was
on the stand
Arraigns Girl.
Did you see her soft hands. hear
that cooling voice trained through
rehearsal?
Don't let her cooling voice. her
silks. furs and painted face mislead
you" shouted Brown.
Even old Cleopatra, who caused
Anthony's death, committed suicide.
N"You may acquit her, but there's
not a man who can defend her con-
duct"
Brown begged the jury to not be
swayed by any prejudice or sympa-
Thy.
He asked them to uphold the laws
and at times in his argument said
he was speaking not only to the
jury. but all present.
II am not defending Jake Hamon.
To be honest with you as your
neighbor. Jake Hamen is better off