Great Falls tribune. [volume] (Great Falls, Mont.) 1921-current, 1921-03-17
Court Charges Jurors
on Manslaughter and
Homicide and Brought
Out Different Points
Of justification.
Ardnoore Okla March 16


Ardmore, Okla, March 49,
The charge of Judge Thoma
w. Champion to the jury in tn
trial of Clara Smith Hamol
for the alleged murder Of CO
onel Jake L. Hamon consiste
Of thirty-four articles in Sc,
enteen typewriter pages. Th
court charged the jury on hon
icide and manslaughter in tn
first and second degrees, an
brought out the differer
points of justification.
Article IL was paid especial atte,
ton in connection with the Clara II;
mon case. It follows:
DweIls on Article f..
You are instructed. gentlemen
Of the jury. that homicide is excus-
able when committed by accident
or misfortune or in doing any un-
lawful by lawful means with usual
caution and without any unlawful
intent.
Second. when committed by ac-
cident and misfortune and in the
neat OF passion upon any sudden
ana sufficient provocation or upon
sudden combat, provided that no
undue advantage is taken nor any
dangerous weapon used, and that
the killing is not done in a cruel
or unusual manner.
Paragraph II is:
Homicide is JustifiabIe.
You are further instructed. gem
uemen of the jury, that homicide
is Justifiable when committed by
any person in the following cases:
FIRST. when resisting an at
tempt to murder person or to
commit any felony upon such per
son.
Second, when committed in the
lawful defense of such person. or
"hen there is reasonable ground
70 apprehend design to commit
felony or to do some great ner-
sonal injury and imminent danger
or such design being ACCOMPLISHED
by the person killed
Ihe court continued:
Right of SeIf-Defense,
IN this case the defendant
Clara Smith Hamon. in support Of
her plea of not guilty claims as a
JuStlflcatOn for such hom;c;5e
.hat she acted in self defense of
her person: that is, that the de-
fendant. Clara Smith Hamon
pleads that she did the killing hut
that same was done to prevent the
deceased from either killing her or
dong her serious bodily harm. n
is the right Of every person to act
IN the defense of her own person
"here she is assailcd in such a
way TO make it reasonably appear
that her life at the time was in
imminent danger or that she was
IN imminent danger Of serious per
sonal injury. You are instructed
that before a person can justify
killing upon the plea that she
acted in self-defense. there must
not only have existed at the time
OF the killing. reasonable ground
TO apprehend a design on the mart
or the deceased to either take the
life of the defendant or to do her
some great personal injury, but in
ADDITION thereto, it must reason
ABLY have appeared to the defend
ant that there was imminent DIM
ger OF such design being carried
out.
Dying Declarations.
You are instructed, gentlemen Of
the jury, that dying declarations
admitted in evidence should be con-
sidered by you under the same
rules that govern in determining
the creditability of witnesses who
testify from the stand.
IT after considering all the evi-
dence in the instructions which YOU
VIII understand are to be consider
ed by you as whole. you have
reasonable doubt of the guilt of the
defendant, then you will acqnit her,
but in the event, after considera-
ton given to the evidence in this
case and these instructions, you do
not entertain a reasonable doubt
of the defendants guilt as to any
one or more or all of the offenses
herein submitted to you. then you
will return your verdict of guilty
as to such offenses Of which you
do not entertain reasonable
doubt, yet whatever doubt may be
entertained by you. arising from
the evidence and these instructions,
as applied to it, such doubt must
be resolved in favor Of the defend
ant.
Mrs. Hamon Escapes.
'It's not a case of Jake Hamon, a
Sc of Mrs. Hamon, or the Hamon
tate against the defendant, but case
the state against the defendant" !"
r. Brown said.
AS Mr.. Brown referred to Hamon s
legged dying statement to the Rev.
J. Irwin, quoting Hamon as having
id, "Well. preacher. she got the old
an instead of the old woman" Mrs
anon, the widow, sobbed aloud. She
ntinued to cry as Mr.. Brown talked
,inting to the crying Mrs. Hamon and
on to the defendant, Mr.. Brown ask
the Jurors to make their own COM
lrison. ~
90" Mr.. Brown said, "yon cannot tell
. rest Of the world that 4 woman
lied a man in Oklahoma, brazenly
ced q jury and 80 scot free