The Birmingham age-herald., 1921-03-17
DRAMATIC CLOSE
 FOLLOWS DAY OF
 VIRTUAL |NACT|ON
Court Adiourns Until Today to Give State Time to Look Up Law in Unusual
 Proceeding
By Associated Press


 fense in the case of Clara Smith Hamon, charged with the murder of Jake l.. Hamon, Oklahoma oil and railroad man and politician, sur prised the state and the court late to- day by waiving it's right of argument and asking immediate submission of the case to the jury after H. H. Brown, special prosecutor, had completed the opening argument for the prosecu- tion.
 Court adjourned until tomorrow to give the state time to Iook into the law, as the proceeding was unusual. The motion by the defense came after go to the jury without argument, and after Judge Thomas w. Champion had given his instructions to the jury. 1 The dramatic close followed day of comparative inaction, A few hours i in the morning sufficed for the exam ination of the half dozen witnesses in rebuttal for the state and for argu- ment on the admissibility of several letters written by Hamon to Clara hamon. The court barred the com munications and recessed until mid- afternoon for the preparation of in- structions which, under the oklahoma law, may precede the argument of counsel.
 COURT DEFINES TERMS | In it's instructions the court defined the terms homicide and manslaughter nf iret nd. nd pointed out that a dying statement was subject to the ordinary rules for determining the credibility of wit nosses, and that the person making such dying statement must have given up hope of recovery.
 The jury was instructed that, if it( brought verdict of guilty of. nurder\ 1t should designate whether the pun lishment should be death or life im- lprisonment.
 The court went to considerable Ilength to explain the law as to justi- liable homicide, holding that the de- fendant, to be justified. must have con- Ivinced the jury that she believed she was in imminent danger of losing her life or suffering great bodily harm and had used all reasonable means appa- rent to a reasonable person under ths circumstances to avoid the danger | The customary definition of reason- able doubt concluded the instructions.
 WIDOW WEEPS IN SILENCE l During the reading of the charge, to the jury, Mrs. Jake L. Hamon who sat in her usual seat opposit Clara Hamon cried silently. She kept her eyes closed tightly and choked back sobs. Tears ran down Her cheeks. I Clara Hamon sat beside her uncle Ben Harrison. and was unmovad as oa rhaf pi inD raa J f ,exl, slcharge.
 The court read in a clear distinct voice and the jury paid him marked. I attention
 H. H. Brown. special prosecutor. in opening the argument for the state, stressed that he had not been em- .lployed by the Hanon estate nor Mrs. Hamon, the widow, to prosecute. but had been appointed by the district judge.
 He said he had no personal feeling in the matter, and explained turnine Ito Clara Hamon and her relatives thaS in the heat of battle lawyers said things they otherwise might not say. z This was interpreted as an apology to Mrs. smith, the mother of Clara, to- whom MT. Brown referred yesterday as "the old woman"
 I Mir. Brown delved in Biblical and
 
 lpoint the way of duty of the jurors - He referred to Hamon's alleged dy- ing statement to the Rev T. J Irwin, lquoting Hamon as having said: Well, !preacher, she got tho old man. instead lof the old woman.r Mrs. Hamon, the widow, sobbed aloud Early in the day agreement had been reached that each side should have five hours for argument, and tho mo- hv ba daf at ho p1 Browns argument came ~as a surprises
 ASKS COMPARISON Paving the way for Attorney Gen. eral Freeling's closing argument anI. at the same time asking that the young defendant be convicted. MT. Brown fre-- Iauently pointed to Mrs. Jake l.. Hamon as she sat weeping in her mourning costume and to the defendant. and asked that the jurors, in their own mind, compare the two the one with Ia look of goodness and honesty in he- l face and the other painted faced, wei. Itailored, with beautiful furs"
 MT. Brown asserted that Clara Ham Hamon. uncle of her former husband. and with whom she had lived eight or nine years, was told from the witt ness stand yesterday in "schooled, tragic voice."
 The prosecutor also made much of | SoHttdct bStWceu NIT. HdmOn ana Clara, introduced as evidence yester. day, and, according to which. she was to work for Mir. Hamon for s35 week. provided that should a child. boy or i girl, be born of their relations such child should receive $35 a week. be recognized by the father and share in the Hamon estate.
 Attorney Browns reference to her as a woman who had crept into the l Hamon home and who had sold herself body and soul. brought from the young defendant no sign of emotion. Her uncle. who sat beside his niece in tho courtroom. scowled at the attorney and the faces of the other relatives grouped about showed signs of marked disap- 1 proval as he referred to the Smith fam I fly as having profited by the illicit re- iations of Clara Hamon with Mir. 1 Hamon
 HOUSING SHORTAGES | The state of Arkansas, Louisiana. Texas and oklahoma reported housing shortages. with little building being done to relieve the situation. Little Rock Reported glass plants closed. lContfnued ons Pare Twol '