The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-09
HAMMER Is FOUND
GUILTY OF MURDER:
PUNISHMENT FIXED
LIFE IMPRISONMENT

<N''Si pul zen minutes del. .oera'lon
TIE Jury in tne case of the Sta,e If
Cklanoma VS.. Ira Hammer, returned
verdict of guilty ot murder in the
fi-st degree and assessed the penalty
at rfe Imprisonment at hacd labor
IN the state penitentiary. Hammer was
charged with the murder of Charles
spears near Brock on June 3, 1919.
During the trial Hammer claimed
that he had not shot Spears but. that
he had been at work at the asphalt
mines near Brock at the time OF the
shooting
The prosecution alleged that Spears
had shot and killed from ambush while
ne was crossing n bridge on n public
road five miles west of Btock near
the home of the deceased. The shoot
ing Is alleged to have occurred at Z
a. m. Testimony brought out by the
state showed that Spears and his
brother were in field a snort dis
tance from the road and saw Hammer
pass with dinner pail in one hand
and a Winchester rifle in the other,
on his way to the asphalt mines where
he was employed.
short time later Spears started on
trip to Arimore where he had in
tended TO purchase pow. He walked
up the road and as he got on the
bridge over which Hammer had passed
going north, a few. minutes before,
shot rang out from ambush and
Spears fell, wounded in the abdomen
and left leg. The wounds showed that
the shots had been fired from the di-
rection in which Hammer had gone.
Spears lived until IL o'clock. four
hours after he had been shot. He
made dying declaration in the pres
ence OF his wife, Sheriff Buck Garrett,
Deputy Sheriff Tom Carter, and Others
that Hammer had shot him, that he
had seen Hammer shoot at him, and
that he knew no reason as to why
Hammer had shot him.
The state also brought out through
the testimony of witnesses that a
number Of threats had been made by
the defendant to the effect that Ham
NOR had intended to kill Spears these
statements having been made before
and after the killing.
The defendant denied during tine
trial that he had ever made any
threats and statements, and claimed
that the testimony of the witness to
this effect was false He claimed an
aiih stating that at the time of the
shooting he was at work at the
asp:alt mines. He said he had gone
at 4. m. and worked till noon at
which time he had been arrested by
The officers. He claimed that he had
received pay for five hours work dur
IL; Jhc day. The deputy sheriff testi-
fed that he had found no rifle at
V.a mine at the time of the arrest.
The defense brought out by testimony
Of he son OF the condemned man and
q nrghbor that Hammer had no rifle
WIN him when he left his home on
tho day Of the killing.
The widow Of the deceased, who
was one Of the witnesses, attended
he trial accompanied by her two
small children. Another OF the wit
ncsscs was Or. w. A. Merriot, former
ly o. l,rOck. but now an inmate Of
thc state pcnitentary, who is serving
IN for Il shooting scrape in which
n had participated some time ago
ur Mcrriot had attended Spears as
n was dying.
In his address to the jury county
attorncy Mathers stated that he had
been informed by Governor Robert son
r the chief executive did not intend
pardon but very few condemned
nrn from Carter county because Of
III fact that the juries in this county
w.re too lenient with alleged Grimm
ais.
Il pars from the testimony offered
dgring the trialfStha. Hammer and
Spears hal had~an argument over
The fencing of some land. Spears had
fenced Off about three or four feet
II Hammers land. hut had in return
permitted land belonging to himself
to be on the side of the fence be!ong-,
ing 10 Hammer. There had als0I
been squabbe over some hogs.
r. Il. Sneed, member of the law
firm of EddIcman and Sneed. repre-
scented Hammer during the trial.
1'Gc jury in the case comprised r.
T.. Nobcy. y. f.. Loughrldge, Il. X.
Butler, Ed Thompson, ID. T.. Allen. w.
NJ. Kirkpatrick, n. j. Pollock. Charts
Rogers, ". w. Martin. Ray Peterson
and c. 4. Whtehurst.