Show I 1 I 1 HAMILTON JURY OUT I 1 i case given to it at nine last evening VERDICT EXPECTED TODAY at eleven the jurors thought they were on the point of 0 agreement and so informed alo court aut a hitch occurred stud nd they remained out nil fill night nightie reer that the jury will eith either acquit or disagree dismure arguments of powers and van vaa cott the rho hamilton murder caso case lias has reached tile jury at last it was wag sub at 9 last evening bl at the conclusion of 0 the arguments of 0 counsel which consumed the entire day and a portion of the evening judge powers resumed ilia big dis discussion culon of oc the case when court conc con ned at 10 20 yesterday a morning moni ine and closed at 3 in the afternoon county attorney van art cott talked from 3 until 6 and from 7 to 10 SID IO the court then instructed ted the jur jury y end at 9 it 11 re tirol cobit then took a recess until 11 at which time the jury tent sent flown down word that an agreement would be reached in ten tell minutes but the ten minutes passed ba b and biord vo d as received front from the jury room that no ag agreement rement had as a a bet been arrived at and a a cond recess was taken until I 1 L this morning the attendance isas urge large again yesterday although there was it a perceptible decrease over the day before lira airs hamiltons demeanor remained practically tho the same and during a greater portion of the proceedings she he appeared oblivious to her surroundings once or alc duleng the day however she was moved to tears judge powers and county attorney vim van cott had be moral cral lively tilts during tho the closing arguments judge powers also criticized criticised john W V wilson a abboth bother ln in law of hamilton for smiling during hla his at aliment gli ment and him that it was no laughing matter it was waa reported at a late hour last night that the result of 0 the jurys deliberations libe rations would bo be either an acquittal or a disagreement earlier in the evening a report gaan niland d circulation that the jury lied had practically agreed on a verdict of oc guilty of 0 involuntary manslaughter this was at the time when the tha jury sent seat down word that agreement would be reached in ten minutes and proved to be unfounded mrs hamilton and her slater sister flotence remained at the courthouse until the final recess was taken last night after which mrs alm hamilton was waa lc ic turned to the county jail MOTIVE or OF THE judge bocra resumed his argument mccrday yesterday coining by sa basler ln C that the beddons ddona had the powerful power lul motive of self belt preservation to prompt them to testify against tirs hamilton suspicion ph lon had bad elien been directed toward seddon and his wife and they had I 1 testified as they had done in order to feet him had seddon not changed tile tev testimony almony nelch he gave at thu the coro core 1 tiers ners inquest judge powers declared lit h would have bc n charged as an acce tory sory and would still be in jail it WS wis the batory that seddon told at the jail that afternoon that unlocked the doers do rs to him and lie he could not now change it ft had he attempted to do so to th judge said he would have again to co mol ind himself in jail t the speaker declared at this 1 ih the I 1 seddon emd and their testimony w i all 11 that stood between mrs ham iw ain lm and her liberty n discussing the testimony of 0 the wE besses to tho the effect that they card st a groan judge powers d declared that it if they did hear a plaintive cry or bitrous lit ous rous moan as testified to by two bof 0 the witnesses it was waa the ike cry ot of mrs hamilton as it would have been impossible for or hamilton to have uttered a sound atler after receiving the fatal ct i wound round it was apparent that there was no premeditation as sirs airs Hamilt hamiltons orli I 1 attempt to secure the diamond ring for her husband lius band just before the proved conclusively THE CASE OP OF THE DEFENSE having discussed tho the case as pre vented by the tha prosecution judge I 1 I 1 powers then took up the defense 1 sirs mrs hamilton he declared axed led had concealed i nothing she had confessed I 1 everything and above all had told the truth bho be loved hamilton when she I 1 I 1 married him and loved him now dow site she bad done wrong of course but the I 1 jury was not tra ing her for her chastity judge powers then criticised criticized camil too ton severely tor for violating his big pro promises mils t lo 10 0 his big wife by making public her confession t after assuring her that he would keep the steret secret locked securely in his hl own bosom judge juder powers finally declared that the kilting killing was not the out outgrowth grouth of 0 sira lira hamiltons sin nur nor of 0 hamiltons int intention entil 0 to secure a divorce but was the r result nit of sirs refusal to cauender lau surrender ender hamiltons diamond ring when hen mra airs hamilton attempted to so nc cuni uro it f tor th the P purpose of returning it rt to a hex her as lie he wag waa taking his big 1 leave on oil tile tho night of 0 tho the killing referring to hamiltons visit to hla his wife on the day preceding the killing ill when hen he stayed from 3 in the I 1 a afternoon until it 11 at night adge powers said that they were undoubtedly on good celms at that time and riot that hamilton wits was raising her I 1 noi of 3 by promising to delay the oll divorce borao I 1 ir r Ld icings ings and eventually to take her sack aek if she ld an honorable life I 1 THE LAST INTERVIEW di decu aln the final interview be bc 1 ayi i n fia hamilton ruton and his wife judge ors o ira rs oan contended tended that tile tho husband at al aved hlo his wilts allta fears acara and that the che dlo dia biad tho the idea 0 of suicide from her nand not and to td return th the 0 PIS I 1 JS is well as tile ring having but tied up hla his coat as aa he be was i as preparing 0 ita C judge powers 1 thought bought it very Mo batile that hamilton dropp dropped ed the run n in his side hide pocket billea aca it was eded a to hira him by ail its wife at this point judge Pow eras areu nent ent was interrupted by tho the noon re acsa 35 out but at 2 he resumed his of 0 the cage cae in reopening in the afternoon judge 1 powers W took ok up the struggle between oars awe r hamilton ton and her husband on tile lt I 1 at of the killing the prosecution I 1 h of d exar pressed eased aonder that 11 hamilton amilton huld h uld suddenly become a 0 demon but if speaker thought that it was not na as it i probable ui as a that mrs hamilton had become a demon edg powers then said that ibm mryr 1 11 bladl aton returned from her fils els atiqi bedroom C r without t out the ring all the hie tangled that her husband had bad buffered camo came back to him and lie he I 1 leamo ed r 0 a demon lie begin began to abuse her aid 1 I she eho asked him what ho he intended 10 do with her then losing could atrol ot of himself he be declared that he do what he should have dono done to hen she first confessed shoved her m ay ty iy from him and then fl redal her bor K rl 0 death struggle followed B judge ponces boners also laid 9 I 1 stress m the testimony of mrs laura wright ah h alleged eyewitness eye byc witness va alch litch he coni proved conclusively c that mrs M rg hamilton da milton was not guilty he also ten tended that the testimony of varl tu Is that th thy they y did not see aee ri irs rs wright was negative proof and nd ld of not show that the ehe was tas not there tei tined to by her judge powers closed with a portio poetic I 1 and D d t touching itching 0 appeal for the acquittal of f his e ilent client COUNTY ATTORNEYS ARGUMENT it wai wag wa i exactly 3 when v lien county attorney van cott colt began the closing argument in tho the ca case ae sir mr van cott thought that all that could possibly be said or done had been I 1 invoked nv a ked on behalf ot of the defendant in the he cast casc it if the prosecution hail had no case ag claimed by tho the defense rise it wils was somewhat what surprising that the to foremost criminal lawyer in the western part 0 at the united states should have taken alx 1 hours bour to attack tile the case as presented en ed by uie the prosecution the prosecution mr jr VA van cott said knew from mrs mm hamiltons testimony teU mony that her husband vats aa a gentleman a kind loang coln husband and a good man mr air van cott did not think it surprising that hamilton was desirous of healing hem ing whether or riot not his wife was untrue to him after his hl suspicions had bad bel iten n aroused neither wai wa i 4 it in anit X that rho ebe denied the intimacy dorith pavey as n site she desired to protect ter life and her char character n acter Re ferTina to t the ll 11 e testimony of 0 mrs mra hamilton to the effect that Ham hamilton liton caught her by the hate hair and threw her to the floor door on march ath i h mr van cott did not believe it and lit in support of his contention that it was wag untrue he cited tho the fact act that thai mrs mra hamilton did aid not mention it to mary li hamilton amilton who caroe came in a few mirties later anti and that she phe also alio said to him directly atter after in mary hamilton presence pr cHenco plat he had bad never treated her unkindly the only purpose ot of introducing that testimony mony mr van cott coll declared was waa that it could lie ile argued by her counsel as it had beer been that a man who would do that would fly to kill hla his wife mr air van cott then wanted to know it if mrs hamilton loved hot her husband doOt devotedly edly wily wl y it was that she would cell 11 her herself if for or 47 to a parasite and a illi libertine ertin e the deduction drawn was that mrs hamilton did not love lova her husband as she he should have done mr van cott then said that tile poi nights flights of mr mccurrin McGurr ln and i judge yere were very cry beautiful but trat they should have been kept for scale bonie more poetic 0 occasion casion the declaration that mrs hamiltons love was in tile the grave with fill her husband mr van cott declared was not in harmony m with ith the sale of herself for 4 15 air van cott then referred to the fact that the county attorneys Al torney 1 office had been criticized criticised for or not prosecuting pavey ile he declared declare however thai there was no proof upon which he could have been convicted EVIDEN Cn oil OF INTENT coming down to april mr bit van cott referred d to tile conversation of kelly and mrs hamilton on the forenoon of that day lie he then re read ad from the ghisi testimony of at kelly to all show w that kelly and mrs airs hamilton Kaml llon were discussing hamilton arld and not cahoon when mrs hamilton said aid 1 I will ki kill 1 1 him it if I 1 I 1 hanor hanff tile tho next nest minute mr van cott also read fro from om the herald article to show that barid hamilton ilon could not bave given the matter to tho the paper as it bristled alli inaccuracies cu taking up the purchase of the cartridges I mr ir vert van cott said that mra hamilton had threatened hamilton to kelly and that she went directly home andi and asked her brother inlaw in law to purchase cartridges for her it was immaterial whether v eho alto purchased the hie cartridges during the forenoon fort noon or tho the alter afternoon noon at this time she h had a the pun gun and she loaded it after s securing the cartridges on numerous occasions previous to this time she had threat coed to kill herself but this was the first time that tho she had had bad the gun cun loaded sho she claimed that sho she kill herself that adly because she wanted to see her mother first although sho she made no attempt to see hor br mother and testified flod that she started out in the yard that evening velh tho the intention of killing herself without haning seen her ber mother PURCHASE or OF THE cartridges mr van cott did not think that the cartridges were purchased by sirs airs hamilton however for the of killing hem herself if but for or tile tho purpose ot of killing hamilton at this time she had the gun and the cartridges but did not have hamilton it was to get hamilton there mr van cott colt thought that site she started to urite ft rite a note to hamilton that afternoon mrs ila hamilton had said I 1 that b L I 1 the she intended writing to Ilami hamilton llou to tell him where here his dla etolil anwen mond ring was but ut when he cimo came to the house before beloro sho she began to writa tile tho note she fihe said nothing about tile the ring aln it if hamilton had bad wanted his big cifes life mr van cott declared declai cd ed he would not have treated her as he did and wD louir iI havo have encouraged suicide when she threatened to take her life there was no reason wit Ili hamilton milto 11 a should hould desire his alfes life she had nothing that he wanted and he could not have been benefited by her death lira fire liam hamilton ilton however did have hate a motive she did not want him to lo pel get a divorce she had declared that he would n never L ver live to secure a dJ orce and on tho the night of the killing she had toe boad loaded d revolver it was I 1 inconceivable mr van cott said eald that hamilton would encourage his wife as site she testified ho he had bad done and that he would sit on her let lap oo on the evening of april arul and then step outside anti and say G d you I 1 will kill you such it a man mail would bo be so despicable and so damnable that words could not paint him black enough yet the jury would have to find that he was wag lust just such a man if they believed the testimony of 0 his alta N ito POSITION OF THE GUN mr air vart van cott next discussed the killing briefly Hani hamilton tifton lie he sa sald eald ld was a barg large e r trong strong men man and it he wanted his alto i lita lie ha understand why hs he get it with inspect to the struggle mr van cott said that all lie ho could g gt get t out of mrs airs hamilton on cf croaa osa e nation v as the position they were ivere lit in v ahen heit he it hamilton tell fell mr van cott then tools took tile the ground that if Il hamilton amIlton bud bad been killed as claimed by mrs alra hamilton I 1 the he gun have been found OIL his left side ali ins instead lead of tile the right ile he also contended that it would havo have been an impossibility for Hamil hamilton toll to have delivered tho the shot that killed him it ha had the sun gun lit in his hl tight hand mr van cott did not believe however that hamilton ever had tile tho sun gull or that he fired arly any of the shots it had been shown that tho the alas hes of the fourth fifth anti and sixth shots were seen and me as tile the fuu wad avas beld close to its body when t tho he fatal shot was llred fired it was evident that tho the fourth fifth and sixth shots were not fired by mr van cott took the further ground that mrs hamilton could not have held tho the kun gun as 03 site she claimed to have held it without bruising brul ning her hania hands ile ho also insisted that it mis hamiltons testimony on the stand w V as true alto would havo have told the tr truth u fit I 1 when site eho returned to tile tho house af adfur afur ter tho the killing on lit alio llio other hand it if she wiled killed her husband as a claimed by tile the prosecution it was riot not surprising that she aho acted as the testimony showed she did MRS HAMILTONS DEMEANOR mr van cott then referred to the net that mrs AIM hamilton was cool uin tin and collected on the night ot of the order this WAS shon by her ru re auest to her sister to secure tho the re amiling two wo cartridges and throw them iway aa s w well e 11 as aa her answers to ques lions asked her by the officers aarne immediately after tile the killing was waa mado made lit in tho the same connection to tho the also nf modo made by wis his hamilton when hen questioned as ad to the bruise on her lip her H |