The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-03-16
Five Hours of Argument by
Attorneys Starts.
Twelve Men To Get Charge
This Afternoon.
HER OWN BEST WITNESS
Accused Woman Proves Match
for Prosecutors.
All Testimony in and Defense
Has "ReSted."


"
Court House, Ardmore, Okla.
March 16.-All those who have had
good or evil to speak of Clara Smith
Hamon have spoken.
Introduction of testimony in the
trial of Clara Smith Hamon for the al
legged murder of Col. Jake L. Hamon,
Republican national committeeman
from Oklahoma and millionaire oil
and railroad man, ended at 1O;2S
o'clock this morning when the state
rested its case and when the state con-
cluded it's rebuttal.
Judge Tom Champion recessed the
court until o'clock this afternoon to
give him time to prepare his instruc-
.9ns to the jury and also to allow at
torneys for both sides time to prepare
their final arguments. Instructions by
the court will come when court recon-
venes.
Won't Ask Death Penalty.
AS has been predicted since the case
against lannon's secretary -protegee
started. Prince Freezing, special prose-
cutor will not ask the death penalty
for the defendant. he announced. he
feels as tho he has a better chance OF
getting conviction if he asks l1ghter
penalty.
It is freely stated by attorneys that
Clara proved the best witness for the
defense, that she saved herself by the
story she told the jury. The case Will
reach the jury late tonight or tomor-
row. il is expected
Each side is allotted five hours for
arguments and it is said if the court
had prepared his charge by the time
court reeonvened, they will be gotten
under way Immediately
Three Charges for jury.
The court will charge the jury on
three points:
Murder. which upon conviction.
would carry a sentence of death or
life imprisonment.
First degree granddaughter, the SEN
tence for which upon conviction would
be from four years to life imprison-
ment.
Second degree manslaughter. with a
minimum fine of 81.
s. Prince Freezing, state attorney
general in charge of the prosecution
said that H. II. Brown, special prose-
cutor would make the opening argu-
ment and that he would close for the
state.
1t was said by the defense that prob
ably all of the six defense attorneys
would speak, possibly only five and
that the order of their arguments had
not been arranged. There was much
doubt as to whether the court would
be ready with his instructions at p.
m, and it was thought probable an
adjournment until tomorrow at a. m.
would be taken.
Defense Rests Case.
When the court overruIed introduce
tion of big package of letters, pur-
ported to have been written by Colonel
Hamon to the defendant, the defense
formally announced that it rested its
case, and Attorney General Freezing
began presentation of his rebuttal tes-
timony. Only five witnesses were in
troduced including Erwin C. Daniels
a Denison. Tex. chauffeur; Sam Blair,
a Chicago newspaper man, new wit
nesses, and DR.. Walter Hardy. Erret
Dunlap and Miss Rosa Cannon. re-
called to the stand.
Blair testified that a long inter-
view he obtained with the young
woman at Chihuahua City. Mexico,
where she went Immediately after Col
Hamon was shot, had been given him
''in substance" as he had written il,
Interview Thrown Out.
An effort of the state to have it sin
troduced as evidence was overruled
by Judge Champion when VIM p. Nc
Lean, leading counsel for the defense
arose and asserted that part of the
interview was questioned and that al
any rate the writer was on the witness
stand and could be examined and cross
examined regarding it.
Daniels, roughly dressed and de-
scribed by the attorneys as a hard
boiled witness, testified he had driver
Clara Hamon from Denison to Dallas
last November after Col. Hamon was
shot, and that he had seen a small
pistOl in her handbag.
Miss Cannon denied she had told
Doctor Hardy and Errett Dunlap tina
she had not heard Clara's converse
tion with the wounded man when sht
went to the hospital to see Colonel Ha-
mon after he was shot. They boil
testified that she had made that state
ment Doctor Hardy Identified E
plum colored suit of clothes as tha
worn by Hamon when he came to thu
hospital and it was admitted as evi
dence. Clara Hamon yesterday sai'
the man she shot had not worn tina
suit but had worn a blue suit.
Nearly half the court room re
NAMED filled during the four and ;
half hour recess. Newspapers anC
books made their appearance among
the spectators, who settled themselves
down to while away the time. Luncl
boxes offered others a substantial bas'
upon which personal correspondence
was the diversion. Soda pop end sand
viches was the popular menu. Prac
tically the entire assemblage tina
waited during the recess was com
posed of women.
Clara Smith Prayed.
Clara prayed and Sheriff Bucl
Garrett put on extra deputies today.
Before leaving her little cottage 70
the court house, where her trial 70
shaving Jake L. Hamon. miracle maj
of the southwest, is resumed today