The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1921-03-17
Defense Valves Right of Argu-
ment and Asks Immediate
Submission to Jury.
ADJOURNMENT TAKEN
UNTIL THIS MORNING
J ~ -.
Letters Written by HamOn to
Clara Were Barred from
the Evidence.
tey The Associated Press.)

ARDMORE Okla, March 16.--The de-
fense in the case of Clara Smith Hamon'
charged with the murder Of Jake l..
Hamon, Oklahoma oil and railroad man
and politician, surprised the state and
the court late today by waving it's right
of argument and asking Immediate sub
mission OF the case TO the jury after ii.
III. Brown, special prosecutor, had COM
pleted the opening argument for the
prosecution. Court adjourned until to-
morrow TO give the state time to look
into the law. as the proceeding was un-
usual. The motion by the defense came
after the state had declined to let the
case go to the jury without argument
and after Judge Thomas. w. Champion
ha dgiven his instructions TO the jury,
The dramatic close followed a day of
comparative inaction. A few hours in
the morning sufficed for the examination
Of the half dozen witnesses in rebuttal
for the state and for argument on the
admlssibility OF several letters written
by Hamon to Clara Hamon. The court
barred the communications and recessed
until mid-afternoon for the preparation
OF instructions which under the Okla
homa law, may precede the arguments
of counsel
In it's instructions the court defined
the terms homicide and mansaughter of
the first and, the second degrees and
pointed out that a dying statement was
subject TO the ordinary rules for deter
mining the credibiiity OF witnesses and
that the person making such dying state
ment must have given up hope Of re-
covery.
The jury was instructed that, II II
brought in a verdict of guilty of mur-
der. II should designate whether the
punishment be death or life imprison-
ment.
The court went to considerable length
to explain the law as to justifable homi-
eide. holding that the defendant to be
justified. must have convinced the jury
that she believed she was in imminent
danger OF losing her life or suffering
great bodily harm and had used all rea-
sonable means apparent to a reasonable
person under the circumstances to
avoid the danger.
The customary definition of reasonable
doubt and direction 10 give the defend
ant the benefit of any reasonable doubt
concluded the instructions
During the reading OF the charge toI
the jury Mrs. Jake L. Hamon. who sat
In her usual seat opposite Clara Hamon,
cried silently. She kept her eyes closed
tightly and choked back sobs. Tears ran
down her cheeks.
Clara Hamon sat beside her uncle, Ben
Harrison, and was unmoved as Judge
Champion read through the long charge
The court read In clear, distinct
voice and the jury paid him marked at
fention.
III. III. Brown. special prosecutor, in
opening argument for the state, stressed
that he had not been employed by the
Hamon estate nor Mrs. Hamon, the
widow TO prosecute, but had been ap-
pointed by the district Judge
He said he had no personal feeling in
the matter and explained. turning to
Clara Hamon and her relatives that in
the heat Of battle lawyers said things
they otherwise might not say.
This was interpreted as an apology to
Mrs. Smith, the mother OF Clara, to
whom Mr.. Brown referred yesterday as
sthe old woman"
Mr.. Brown delved I'm Biblical and
United States history for SMILES TO
point the way Of duty to the jurors.
As he referred to lannon's alleged dy-
\ '(Continued On Page Two.)