Richmond times-dispatch. [volume] (Richmond, Va.) 1914-current, 1921-03-17
MOTION COMES AFTER JUDGE
GIVES BODY INSTRUCTIONS
Prosecution Declines to Submit
Testimony Without Argu-
ment-Session Adjourns.
TRIAL ENDS DRAMATICALLY
Justice, In Making Charge, Explains
Law aS to .JuStifiablc
Homicide.
LEy Associated pressl


The defense in the ease OF Clara
Smith Flamon. charged with the
murder of lake l.. Hamon. Oklahoma
oil and railroad man. ana politician.
surprised the State ana ~. cour,
lat" today 10y waiving its r.gh; OF
argumen, and asking immediate sub
mission Of the cas-. TO the jury after
II. II. Brown. special prosecutor. had
completed the opening argument tor
the prosecution Cour, adjourned
until tomorrow to Civ" the State time
10 look into the law. as ths proceed
ing was unusual. The motion by
the defense came after the Stat. had
declined to let the cas-. 20 to the
jury without argument. and after
Judge Thomas ". Champion had
given his Instructions to the jury.
The dramatic close followed a day
Of comparative inaction. few
hours in the morning sufficcd Tor the
examination Of the half dozen wit
rcsSes in rebutta! for The State and
for argument on the admiss!bility
Of several letters written by IIamon
to Clara Iiainon. The court .bnrrcd
the communications and recessed un-
I'll mId-af,ernoon for the preparation
OF Instructions. which, under the
Oklahoma law. may precche the
arg uMsnt OF counsel
Judge Define. Humicid-.
In it's Instructions the court de-
cned the terms homic:Gc and man
slaughter of III. first and the second
degrees. ana pointed out that 4 dy-
ing statement vas suojcc; 10 the
ordinary rules for determining the
crcdtabIlity OF witnesses ana that
the person making such dying state
ment must have given up hope of
recovery.
The jury Was instructed that, il il
brought verdict Of guilty OF MUIR
der. il should designate whether the
punishment should he death or life
impri isonmeni.
Th. cour, Went to considerable
length 10 explain the law as 10 jus
,ifablc homicide, holding that the
defendant. to bc justified. must have
convinced the jury tina, she believed
she was in Imminent danger OF los
ing hcr III, or SUFFERING; great
poui4N haIIi! ara h'tu USeu All rta
sonablc means apparent TO rea-
sonable person under the circum-
stances TO avoid the danger.
The customary detinition of rca-
sonablc doubt and direction TO give
the defendant the benefit OF any rca-
scnablc doubt concluded the instruc-
tions.
Mrs. IInmon Cries During Charge.
During the reading OF the charge
to the jury. Mrs. Jake l.. liamon. who
sat In her usual seat opposite Clara
Hamon. cried silently. She kept her
eyes closed tightly and chokcd back
sobs Tears ran down her checks.
Clara Hamon sat beside her uncle.
Zen Harrison. and was unmoved as
Judge Champion read through the
long charge.
The court reads in a clear. distimc,
voice and the jury paid him marked
attention.
H. II Rrown. special prosecution.
in opening argument for the State.
stressed that he Lad not bccn en-
ployed by the IIamon estate, nor Mrs.
Hamon. the widow. To prosecute. but
had been appointed by the district
judge.
He said ne had 40 personal feeling
in the matter and explained. turning
to Clara Iiamon and her relatives.
that in the heat of battle lawyers
said things they otherwise might not
say.
i'rosccutinE Attorney Apologies.
This was interpreted as an apology
to Mrs Smith. the mother of Clara.
to whom Mr.. Brown rcfcr;e yestcr-
day as "the old woman"
Mr.. Brown dclved in Bibiica! and
United States history for Smiles TO
point the way of duty TO the Jurors.
As he referred to lannon's alleged
dyilfg statement to the Rev 7. j.
Irwin. quoting Hamon as navinG said:
well. preacher. she got the old man
instead of the old woman" Mrs.
Hamou. the widow, sobbed aloud.
Earlier in the day agreement had
been reached that each side should
have i've hours for argument and the
motion by the defense at the close
Of Mr. Browns argument came as
surprise.