davidaulloa/AmericanStories huggingface dataset:
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-16

second degree and fix her punish
ment as you will be hereinafter d.
rected, unless you should believe that
such killing was done under such
circumstances as constitute an ex-
cusable or justifiable homicide as
those terms have been defined to you
in these instructions.
TWENTY-FIVE
You are further instructed, that II
you believe from the evidence or have
a reasonable doubt thereof as applied
to these instructions, at the time of
the killing, that is at the time Clara
Smith Hamon fired upon and shot the
deceased, Jake L. Hamon, that the
said Jake l.. Hamon by some act
upon his part then and there done
made it reasonably appear to the de-
fendant, Clara Smith Hamon. judging
from the defendants standpoint, that
it was the purpose and intention OF
the deceased, Jake l.. Hamon, to then
and there kill her. the said Clara
sonal injury then you are instructed
that the defendant. under such cir
cumstances, had the right to act in
stantly in her self-defense, even to
the taking OF the life of the deceased
if necessary or apparently necessary
under the rules hereinbefore given
YOU and if she did 50 and thereby
killed the deceased then under such
circumstances you are instructed the
hQmicide is justifiable and you should
| find the defendant not guilty.
TWENTY THREE
In determining the question whether
| the defendant acted in the lawful self
defense Of her person as that rule has
been given you. you are instructed that
such defense is founded upon the law
of necessity or apparent necessity and
so long as the necessity or apparent
necessity exists to shoot in ones self
case. A reasonable doubt, Gentlemen
Of the Jury. is doubt founded upon
reason; a doubt for which you can
give a reason. a doubt growing out
of the testimony in the case or the
lack of testimony; doubt which would
cause YOU TO hesitate in the ordinary
affairs of life. 1t is not flimsy
fanciful, fictitious doubt which you
could raise about anything and every
thing 1t seems a reas> nable doubt
IL when all Is said and done you
have such a doubt about the guilt OF
the accused it is your duty to acqwl
her.
TWENTY-FIV
You are instructed, Gentlemen u
the Jury, that dying declarations ad'
mitted in evidence should be consider
ed by you under the same rules that
govern in determining the credibility
OF witnesses who testify from rhe
stand
TWENTY-SIX
And you are further instructed that
you are sole judges of the credibility
of the witnesses and Of the weight
and value of their testimony. In de-
termining the credit you will give tC
q witness and the weight and value
you will attach TO q witness testimony
YOU should take into consideration the
conduct and appearance of the witnes.
upon the stand, thes interest he Oh
she has, If any, in the result Of the
trial. the motive of the witness in tes
tifying, the witness relation to o.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-16
JUDGE CHAMPIONS INSTRUC-
TIONS GIVEN TO JURY AT
THREE O'CLOCK SESSION
Continued From Page Onel

(Conunued From Page Orel
SECOND
For a more complete description oi
the allegations contained IN said III
formation you will be permitted 10
take the same with you IL your re
tirement-
THIRD
To the information filed against
the defendant. Clara smith Hamon.
charging her with the crime Of mur-
der she has entered her plea OF not
guilty and you are instructed that
by plea Of not guilty the defend
ant Is presumed to he innocent Of the
crime charged against hsr until her
guilt is established to ;he satisfaction
OF the jury, beyond reasonable ooubt
You are instructed that the burden Is
upon the State 10 prove every mater
ial allegation 10 said information ne
cessary for the conviction of the de-
fendant, beyond reasonable doubt.
If you are satisfied from all the iactS
and circumstances in evidence, be-
yond a reasonable doubt, that the de-
fendant is guilty Of the unlawful Kill
ing Of Jake L. Hamon. then you are
instructed that the presumption of in
nocence with which the law clothes
the defendant no longer exists and
it is your duty as jurors, you so
believe. to convict her Of one Of the
offenses applicable TO the evidence
herein submitted to you.
-FOUR
You are instructed that the offense
charged against the defendant, Clara
Smith Hamon, is what is known in
Law as Homicide and that the law
defining that crime is as follows to-
wit: Homicide is the killing OF one
human being by another and homicide
IS murder when perpetrated without
authority of law and with a premedi-
tated design to effect the death Of the
person killed.
FIVE
You are instructed. Gentlemen Of the
Jury. that a design to effect death is
inferred from the fact of the killing,
unless the circumstances raise reas-
enable doubt as to whether such a
design existed and the design in order
TO make the crime Of the degree of
murder must have been premeditated
and in uhis connection you are in
structed that a premeditated design
10 effect death sufficient to con
stitute the crime of murder, may be
formed instantly befoM committing
the act by which such design is car
riad into execution
SIX
You are further instructed tina;
homicide committee with the premed-
itated design to effect death is mot
the less murder because the perpe-
traitor is in a state of anger. fear or
excitement
SEVEN
You are instructed that a person is
presumed to intend to do that which
he voluntarily and wilfully does in
fact do and is presumed to intend all
the natural and probable consequences
of his own act.
EIGHT
An assault in any wilful and unlaw-
full attempt or offer with force or vio-
lence to do corporal hurt to another.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-16
THE GOLF SEASON
AT DORNICK HILLS
OPENS THURSDAY

The golf season at Dornick Hills will
open tomorrow with dinner tourna.
ment.
All players are requested to make
their initial rounds and turn in their
scores.
Deveny Rees Evans and o. c. Lasher
The lricnds of Mr.. Evans will be
glad to learn that he is improving
nicely from a siege of grip. He is
now in st. Petersburg, Fla, and will
remain there possibly another month.
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-16

feeling for or against the defendant or
the deceased, the probability or i'm
probability Of the witness statements
the opportunity the witness had 10
observe and 10 be Informed as 10 the
matters respecting which such Wit
ness gives testimony and the incpna-
ton of the witness to speak the truth
or otherwise as to the matters within
the knowledge of such witness. All
t/se matters being taken into con-
sideration, together with all the other
facts and circumstances even in evl-
dence. it is your province to give to
each witness such credit and the testi-
mony OF each witness such weight and
value as you deem proper. II, upon
consideration OF all the evidence,
you conclude that any witness mas
wilfully sworn falsely to any material
fact involved in the trial, you may, II
you see fit, reject or treat As untrue
the whole or any part OF such wi-ness'
testimony, unless you should find uhat
said testimony is corroborated in whole
or in part by other facts and cir
cumstances. You are instructed that
this rule is for your guidance and thai
it applies to each and every witness
who has testified in this case.
TWENTY SEVEN
If you find the defendant guilty
of murder as charged in the informa-
ton 1t is your duty to assess her
punishment at death or by imprison-
ment at hard labor in the penitentiary
! for life Should you find the defend
ant guilty of murder 1t is your duty
to designate in your verdict whether
such punishment shall be by death OF
by Imprisonment in the penitentiary al
hard labor for life.
TWENTY-EIGHT
If you find the defendant guilty OF
manslaughter in the first degree it is
your duty to assess her punishment
by Imprisonment in the penitentiary
for any term of years not less thar
/ four years. And should you find the
defendant guilty Of manslaughter in the
first degree it is your duty to assess
the punishment.
TWENTY-NINE
If you find the defendant guilty Of
manslaughter in the second degree
it is your duty to assess her punish
ment by Imprisonment in the STATE
penitentiary not more than four year,
and not less than two years, or by
Imprisonment in the county jail mo-
exceeding one year or by fine no
exceeding one thousand dollars, o.
both such fine and Imprisonment. AnC
should you find the defendant guilt!
Of manslaughter in the second degre,
It is your duty to assess the punish
ment.
THIRTY
If upon the whole case you have {
reasonable doubt Of the guilt OF tn,
defendant as charged Of any offens,
submitted to you under these instruc
tons or should you have a reasonabl,
doubt from all the evidence and con
siderlng these instructions as a whole
that the defendant acted in her Lawful
self defense under these instruction
or II you have reasonable doubt a
to whether the shooting of the de
ceased was caused by the culpabl
negligence Of the defendant, as tina
crime has been defined to you In thes,
Instructions then 1t is your duty t,
find the defendant not guilty and $,
say by your verdict
The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-16
NINE

NINE
Embraced in the information filed in
this case is also the homicide known
as Manslaughter in the first degree
and also the homicide known as man
slaughter in the second degree.
TEN
Homicide is manslaughter in tine
first degree in the following cases:
First: When perpetrated without
design to effect death by a person
while engaged in the commission of
misdemeanor
Second: When perpetrated without a
design to effect death and in the heat
of passion, but IN a cruel and unus-
ual manner, r by means Of a dan
gerous weap.n: unless it is commit
ted under such circumstances as con-
stitute excusable or justfiable homi-
eide.
You are instructed that manslauginter
IN the second degree is any killing
Of human being by the act, procure
ment or cnpabe negligence Of an
other. which under the law is not
murder nor manslaughter in the first
degree nor excusabe nor justifiable
homicide.
ELEVEN
You are instructed, Gentlemen of
the Jury. that homicide is eXcusable
when committed by accident or mis-
fortune or in doing any lawful act by
lawful means with usual and ordinary
caution and without any unlawful
intent. Second when committed by
accident and misfortune, in the heat
of passion, upon any sudden and suf-
ficient provocation, or upon sudden
combat, provided that no undue ad-
vantage is taken nor any dangerous
weapon is used and that the killing is
rot done in a cruel Vr unusual man
ner.
TWELVE
You are further instructed. Gentle
men Of the Jury, that Homicide is
sifiabe when committed by any
person in the following cases:
First: When resisting any attempt
to murder such person or to commit
any felony upon such person.
Second When committed in the law
| full defense of such person or when
there is a reasonable ground to appre
hend a design to commit felony or to
do some great personal injury and i'm
minent danger of such design being
accomplished by the person killed.
THIRTEEN
You are instructed, Gentlemen of the
Jury. that a felony under the laws
Of this State. is a crime which is OF
nay be punishable with death or by inn
prisonment in the penitentiary. You
are further instructed that every Other
crime is a misdemeanor.
FOURTEEN
In this case, the defendant, Clara
Smith Hamon, in support of her plea
of not guilty claims as a justification
! for said homicide. that she acted in
self-defense of her person, that Is, thai
the defendant. Clara Smith Hamon
pleads that she did the killing but thai
same was done to prevent the deceased
from either killing her or doing her
serious bodily harm. 1t is the right OF
every person to act in defense of her
own person where she Is assailed in
such a way as to make it reasonably
appear to her that her life at the time
was in imminent danger or that she
The Birmingham age-herald., 1921-09-26
NEW MEMBERS FOR. F|SHERMEN'S CLUB
Quota for September Nearly Reached-Casting Tour
 nament Planned

The Jefferson Fishermen's associa- ton is nearing it's goal of 100 new members for the month of September. more than 70 having already been se- cured. according to the announce ment of J. H. McCollister. secretary of paid subscriptions that are being reported. Herman M. Beck leads the members of the committee with the number turned in by a single man having reported IA paid members. Members of the organization are making plans for the casting tour nament which will be held here next spring. The event will be staged under the rules and regulations Of the National Association of Scientific Angling of Washington
 Notice has been received that an assignment of black bass will be sent for stocking Lake Bankhead next spring, and the car bringing the fish will be routed to Birming- port. MT. McCollister urges that all members of the association write the representatives in Congress for additional application blanks for fish.
 The membership committee ap- pointed at the last meeting of the association has been working hard during the month and officials are very much pleased with the number of the organization.
The Birmingham age-herald., 1921-09-26

extreme SenSallonallSn, with uoupt- | full Advantageous results to himself Bitter assaults have followed one an' other in M. A. Dinsmore's fight against John H. Taylor, with count less charges more or less indefinite | being hurled. Dinsmore has gained little real strength, 1t Is thought be cause his activities have not been
 constructive but all destructive. Sup porters of MT. Taylor have begun taking up the cudgels for him and
 are meeting charges of Dinsmore with facts and counter charges,
 s, R. Batson lis conceded to Do. l with William L. Harriso strongest | of the "out" candidates. Mir. Bat
 son and Mir. Harrison are going quietly along, making no charges,
 but giving proofs of their fitness for the offices which they are seek ing. Mir, Satson. an experienced en- gineer, has declared for the depart ment of public Improvements from the | outset Mir. Harrison has set forth arguments as to his qualifications for any place on tce board.
 John B. Hornady, member of the present board, Is going smoothly.
 with strength probably equal to that l of any candidate in the race MT Hornady is making his race for a second term on. his work in health l and educational matters in the city. He has received encouraging com
 ment all over the city.
 Taylor to He Vigorous John II. Taylor has been weak
 ing doubtful, by the attacks of cer- tain women and Nj. A. Dinsnorc. His friends believe his plan of at tack will discount these attacks and
 enable him to recover lost ground during the next week. MT. Taylor plans a vigorous campaign until the election
 J. Ellis Browns chances are pug zling to catalogue. In some guar ters, he is regarded as losing ground. , while bright-colored hopes are held out in others. It is freely admitted
 that he must gain fast to come
 through at the polls october 10. MT. Brown has also been made the butt
 of remarks by MT. Dinsmore.
 W. B. Cloe is developing strength
 throughout the city. His friends
 are making an extensive canvass of the electorate. Cloe must be reck-
 oned with in the election. He Is cer-
 tain to be among those in the run off, if run-off Is necessary, as all
 signs are now, and his chances are
 regarded highly.
 Favorite sons are expected to make good showings on the strength or
 developments of the last week.
 Joseph E. Lacey, former mayor Of Pratt City, has considerable strength in the western section of the city
 Pratt City being almost unanimously | for him, with q good many support
 CTS being located in Ensley W. l.. Dickson is backed soidiy by North Birmingham citizens. Little change Is expected in the complexion of the race for the next
 two weeks, although surprises may be sprung just as they have been during the last week. Reinforce
 ments to the Burruss standard, with deflections from McClendon, are con sidered likely, with Dr. Barrett hold
 ing his own. Managers of the cam
 paigns of presidential candidates are optimistic, however, each claiming
 his man will win the place on the first ballot.
The Birmingham age-herald., 1921-09-26
AUNT ANN TALKS ON
 CH|LDREN'S PAGE
Boys and Girls Are Urged to Write Early for
 Special Page

Bo 8 and gi Is aud Boy Scouts are urged to get their letters in by Wednesday if they want them to appear in Friday and satur- days papers.
 Those are the days that the Boy Scout edition and the Chii- dren's Pages are printed.
 The Boy Scout Page will ap- pear Friday and the Chi1dren's Page Saturday.
 Arc you Onf
 Aunt Ann, who edits the chill dren's page, wants you to write little letters and to tell her what your parents do to make Friday night mt home happy one for you as q school child who has this one night "off" from study. Also what do you want for Sat- urday lunch that you really spe- cinlly Iikef
 Boy Scouts are invited to write interesting things about their camping-out days. their hikes and what they like best in their scout life.
 Also, If you are boy Wno has done things or made some thing attractive in the way of trap or play thing, or have gone on mn interesting hunting expedi- ton or been across the sea. write q letter about 1t. Lots of boys and girls would love to read 1t.
 Also, what would you like to have boys and girls write aboutf Address your Boy Scout letters care of the Boy Scout Editor and your children page letters care of Aunt Ann, Ase-Herald Office.
 These pages are not only for Birmingham boys and girls but letters from children anywhere will be published. Particularly is The Age-Hernld glad to re- ceive letters from little folks who live in the country. The page Is for nIl' children. It Is also planned with an idea that grown-ups will want to read It, and wouldn't miss 1t for any thing.
The Birmingham age-herald., 1921-09-26
MISS WEST SENDS PRAISE F0R WORK
 OF WILLIAM BENEFIT
Supreme Commander Mac cabees w. B. A. Will Visit tl Birmingham Next
 February

One of the worlds very greatest women. Miss BIna M. West, who is now being prominently mentioned and urged upon President Harding as a member of the advisory confer ence committee on the limitation of armament, has written an enthusi- astic letter to Birmingham friends concerning The Age Herald. What she has to say came abso- iutely unsolicited, and was a surprise.
 She Is supreme commander of the Woman's Benefit association of the Maccabees, and has written that the publicity and pictures given by The Age Herald to the local work of the Benefit association are some of the very best that the organization has ever received anywhere.
 She is speaking of the work for Vivian sufferers and for the Macca- bees country fair, which was given for the benefit of members who were unable to meet their organization dues and expenses.
 Here is the letter.
 Mrs. Pearl H. Croy State Com
 mander, Birmingham, Ala. "I am greatly pleased to read by the fine press notices that your work and country fair was a most grati- flying success; and you feel rewar d. ed, am sure, in the help which can now be extended these members who are now needing assistance in their rate payments. The pictures are splendid, too. And I can safely say that this is some of the best pub licity that the association has ever had anywhere.
 ~Io ffN,- this relief work in the Ladies' Re- Birmingham members will be a lead ing feature.
 Expressing my appreciation for your splendid efforts, am, frater- nally yours. BINA M. WEST,
 Port Huron, Mich"
 Of her, Mrs. Pearl Croy. comman- der for Alabama, says: Miss West is perhaps the best known woman in the United States. She is past pres ident of the Fraternal congress which represents. some 100000 citi- zens. She is a member of the state l republican committee of Michigan and is on the board of commerce of Port Huron. She has been chair man on statistics of the National Fraternal congress, and also chair Iran or the tOlIllDiltEc On ChiiiSS VI all fraternal orders"
 Birmingham Maccabee women are urging Senators Underwood and Heflin and Congressman Huddleston to lend their indorsement to Miss West
 It Is a matter of note that wom- an as occupied as Miss West has stopped for a moment to call atten- tion to the work of The Age Herald. She goes further than this and pr discs the Birmingham women and declares that their good work shall be ,reto1d in the large magazine of the Maccabee women called The | Ladies' Review.
 | Miss West expects to come to Bir- mingham, if nothing prevents. FeN- ruary Is, at which time great rally will be held for her at the futwiler hotel. She can have but one day here, but that one will be notable occasion. She has visited Birming- ham. having been here little over year ago.
The Birmingham age-herald., 1921-09-26
DR. THOMAS ID GIVE
 OPENING LECTURE
Citizenship School Opens This Morning at Y. M.
 c. A. Auditorium

The citizenship school to he con ducted by the extension department of the University of Alabama and the American League of Women Vot- CTS will convene this morning at 10:30 o'clock in the auditorium of the Young Mems Christian association for the enrolment of those who will take the course offered.
 Following the enrolment, at 11:& o'clock, the opening lecture of the school will be delivered by pr. J s. Thomas, head of the extension de- partment of the university. At 2:3o o'clock in the afternoon Prof. D. G. Howe, professor of political science, will deliver a lecture on the Origins of American Government" At 3:3O o clock Dr. Thomas will deliver iec- .ture on Education in Government
 mass meeting to which all ciu- zens of Birmingham have been in vited without any expense will be held at o'clock tonight, at which pr. J. w. Abercrombie, state super intendent of education will speak upon '"The Work of the State De- partment of Education" At $40 o'clock c. D. Rogers. head of the state department of control and economy. will speak upon "The Elee- mosynary Institutions of Alabama.
The Birmingham age-herald., 1921-09-26
Young Child Killed By
 Auto In AUondaLe Park

J. E. Wilson, 5-year-oId son of Joe l.. Wilson, was run over and killed yesterday afternoon by an automobile driven by J. w. Tipper of Townley, ms he was crossing the drive through Avon dale park between the pavilion and park entrance.
 According to Information given George s. Moore, assistant coro- ner, the child hnd been taken to the park by his aunt, Mrs. N. A. Taylor, 5335 First avenue, with whom he lived, and Mir. and Mrs. l.. F. Whitman of the same ad- dress, together with his sister, Mary Bell, and Mrs. Taylor's two children.
 The party wns leaving the park about 4,3O yesterday afternoon when the children decided to go hack to get some popcorn. The popcorn wagon was on the other side farther up the street, and all four children went over to 1t. Tho little Wilson boy got separated from them, and as he was re- crossing the street to the side