Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-03-17
Clara HafnOn's Counsel Spring
Surprise; VALVES Right to Plead;
Jury Charged on Self Defense
Move Follows Lengthy
Argument by Special
Prosecutor for Convic-
ton; Court Withholds
Ruling Day.

NulAIlg Lay.
Ardmore, Okla, March 49,
The defense in the trial OF
Clara Smith Hamon, charged
with the murder of Colonel
Jake L. Hamon, sprang a sur
prise late Wednesday when it
waived it's right to argue the
case and asked that it be sent
Immediately to the jury and
court adjourned until Thursday
morning when a ruling on that
procedure will be made.
| III. II. Brown, of Ardmore, special
prosecutor in the case. had made a
| hard plea for conviction OF Clara
Hamon when William p. Mclean. of
Fort Worth, Texas. arose and said:
The state has opened argument of
its case and it has closed it,
The state was unprepared for the
move and n. Prince Freeing, state
attorney general in charge of the
! prosecution by appointment of Cover
nor j. b. Robertson was not in the
court room.
Looks up Law.
The court withheld ruling on the
proposal until Attorney General Freel-
ing could reach the court room and
Immediately after he had said that he
wished time to look up the law on the
matter, the court ordered the overnight
adjournment.
IF the court please" said Attor-
ney General Freezing, II do not care
to argue this case myself, only as a
matter Of duty, but I do want time
to pick out the law On the subject and
lay it before the court"
The sudden waving of its right to
argue would have cut off Attorney
General Freeling's closing appeal for
conviction had the court permitted it.
Judge Unprepared.
Wednesday night Judge Thomas w
Champion of the Carter county dis
trict court, said that heretofore it had
been the practice to dispense with ar
guments when counsel so elected in
minor cases.
The court was unprepared to say
Wednesday night what his rnlrng
Thursday morning would be. State
counsel, however predicted that the
defense would continue pleas to the
jury and that Attorney General Frcel-
ing would close the case.
The attorneys are not under tir1e
limit but it generally was said by the
eight attorneys involved, only four of
whom will speak if it is ruled the ar
gument must go on. that the case
would be in the jury's hands by the
noon recess Thursday.
Three Degrees of Murder.
In his charge to the jury Judge
Champion pointed out the three degrees
of murder under the Oklahoma code;
murder with a sentence of life impris-
onment or electrocution; first degree
manslaughter. with a sentence of from
four years to life Imprisonment. and
second degree manslaughter with a
minimum fine of 81. He also made it
plain to the jury the matters of self
defense, excusable homicide, and dying
declaration.
Paving the way for Attorney Gener
al Freeling's closing argument and at
the same time asking that the young
defendant be convicted, Mr.. Brown
spoke one hour and fifty minutes.
Frequently he pointed to Mrs. Jake
L. Hamon as she sat weeping in her
mourning costume and the defendant
minds compare the two, the one with
look Of goodness and honesty in her
face and the other painted faced
well tailored. with beautiful furs, pret
tily coiffured hair and who, from this
witness cooed to you like dove"
'SchooIed" Story.
Mr.. Brown asserted that Clara Ha-
mons story of the shooting of Mr..
Hamon. uncle of her former husband,
and with whom she had lived eight or
nine years, was told from the witness
stand Tuesday in a schooled, tragic
voice.
A contract between Colonel Hamon
and Clara, introduced as evidence
Tuesday. and in which she came to
work for Colonel Hamon for $50
week subject to discontinuance on two
weeks notice, provided that should a
child, boy or girl, be born of their re-
lations such child should receive S3'5
week, be recognized by the father.
and share in the Hamon estate after
the colonel's death, also was made
much of by the special prosecutor.
His reference to her as woman
who had crept into the Hamon home
and who had sold herself body and
soul brought from the young defersd-
ant no sign of emotion. Her unde,
Ben Harrison. of Spokane. Wash, who
sat beside his niece in the courtroom
for the first time, scowled at the at
torney, and the faces of the other rel
atives grouped about showed signs Of
marked disapDroval as he referred to
the Smith family as having profited
by the illicit relations of Clara Ha-
mon with Colonel Hamon.
Uses Biblical Smiles.
In opening his address to the jury,
Mr.. Brown made what was inter-
preted in some quarters as an apology
for his remarks Tuesday in which he
referred to Mrs. J. J.. Smith, of Fl
Pase, Texas, mother Of Clara Hamon,
as "the old woman"
Throughout his talk Mr.. Brown
called in Biblical and historical sim
lies in pointing, he said, to duty for the
jurors.
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