The Daily Ardmoreite. [volume] (Ardmore, Okla.) 1893-current, 1921-03-17
BROWN FOR STATE OPENS
ORATORY'S BATTERIES UPON
THE GIRL DEFENDANT

DA4A I
Continued from Page One)
books in search of a precedent or law
regarding the matter.
Knotty Legal Question
There could have been several rels-
ons for the action of the defense in
declining to argue before the jury after
member of the prosecution had call
ed for conviction of the defendant in
most harsh terms.
One OF these might have been the
belief on the part of the defense that
the argument presented before the jury
by the special prosecutor did not bear
sufficient weight to Sway the members
of the jury from any Of their opin-
ions they had formed during the course
OF the presentation Of testimony.
Another reason might have been an
attempt on the part Of the defense TO
prevent Attorney General Freezing from
speaking. as it was known that the
attorney general had intended to chose
the case for the prosecution
Some opinions Of lesser value are
=
tired and desired 10 debate the ques-
ton without further delay. This the
ory, of course, could only be CLEANED
by observation of the jurors as they
sat in the box. and ii was really very
apparent that they We're practically
exhausted and anxious for a closing
of the case. If this opinion was justi-
fiol In, ? tI,a hn IaJt tod
that the members of the jury had al
ready heard sufficient evidence to form
some opinion or other which would
permit them to debate among them
selves.
Browns Explanation
During his opening remarks to the
jury, the special prosecutor, II. H.
Brown attempted to explain the rea-
sons for his remark Of the day be-
fore which had caused the instigation
of a reply from a member of the
defense corps which brought the spec
tators i'm the court room to a vocifer-
Gus demonstration. 1t was the remark
in which the special prosecutor re-
ferred to the mother of the defendant
as the "old woman"
The special prosecutor in his address
TO the jury yesterday afternoon stated
that the remark was made after it
was shown on the witness stand that
the relatives of the defendant tolerated
in a disinterested vein the immoral
relations of the defendant with the
deceased oil king.
Employed by State
The special prosecution stated that
II was not the Hamon estate, nor any
friends of the deceased, nor any indi-
vidual which had employed him, but
that il was the state of Oklahoma.
He asserted that his position as spe-
cial prosecutor was not presented to
him through his own solicitation, but
that he had been elected by the dis
trict judge to prosecute the case, and
was later appointed by the attorney
general through this recommendation.
."I have no personal feeling in
prosecuting this case" stated the
prosecutor but am prosecuting by
what the record Of the case shows"
members of the jury that he was per-
sonally acquainted with oil Of them
COmmends Russell Grown
In speaking of the action Of his
brother, Russell Brown, wlo was
county attorney OF Carter county at
the time Of the killing of Hamon, and
who had filed the information against
the defendant accusing her of murder
the special prosecutor commended Rus
sell Brown in high terms, stating that
il was his respect for the oaul he had
taken at the time he was sworn in
as county at orney which had prompt
ed him to take the action which he
cid, even though prominent men who
were the friends Of Hamon had re-
quested his brother not TO take any
action in the matter He was doing
his duty" said the special prosecutor.
Speaks of Perjury by Jurors
Mr. Brown then spoke for a long
period on the evils Of perjury on the
part Of jurors His reference to this
violation Of the law caused great in
terest among the ranks OF the spec
tators. for it gave indications Of the
belief OF the prosecution that there
might be among the members Of tho
jury men who had perjured themselves
in order that they migat become jur-
ors.
Great surprise had been expressed
by many, when the jury was first
empanneled in record time, during the
opening day OF the trial. for general
opinion had II from the very outset,
of the case, that II would require a
long time before the jury was empan-
eled. This opinion existed because the
case had been given such nationwide
prominence, commencing Immediately
after the shooting, and the case was
discussed in the smallest villages by
all classes of people who expressed
opinions freely ~ TO the innocence
or guilt OF the defendant
The prosecutor In his address TO the
jury brought great cmraasis upon
the fact that II there were amongg,he
members Of the jury sitting In the
Hamon trial men who had formed an
opinion prior 10 being sworn IN, and
that If they permitted themselves 20
remain perjurors, then great evil
was being done 10 the state.
He related an Incident In which mar
tial relations mad been strained be-
cause a wife had discovered that her
husband had beon guilty OF perjury,
Ho related bits OF history Of years
gone by calling to mind the hardships
which early settlers had suffered,
and attempted in this manner TO cm-
phasize the fact that theirs were hon
est efforts and not efforts inter-
mingled with perjury.
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