Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1888-09-15
THE LOWELL MURDER CASE

Some months ago John Lowell, citizen
of this county, was murdered by robbers
at his farm just over the Ell Dorado line.
The body was not discovered for some
months. Circumstances pointed to three
men-Myers, Olsen and Drager-as guilty
of the crime. When arrested they made
statements and confessions, conflicting in
some respects, but in the main agreeing
that the three prisoners were parties to the
murder; that one fired the shot and an
other beat the victim over the head, and
that all participated in the robbery. One
of the men admitted while in prison that
he did the killing, but it was clear that the
Others were criminally cognizant of the
murder. The three were put upon trial
together at Placerville few days ago and
were convicted of murder in the first de-
gree. The confessions made, supported bv
circumstances of the most damaging and,
indeed, conclusive character, justified the
verdict.
Now comes news of the first step in the
laws delays being taken Myers, one of
the murderers, files an affidavit on which
motion for new trial for
Olsen, one OF the trio, is based. In
this affidavit he states that his conscience
pricks him for permitting innocent men
to be convicted, and that he has, there
fore, resolved to tell the truth and take
the consequences, since his statements
made on and before the trial were false
He then proceeds to relate that he alone
did The deed, and that there was no con-
spiracy between the three to do the muir
der. That on the morning of the homi-
eide the three defendants were on the
Lowell ranch, and agreed with Lowell
upon contract for chopping wood that
when they had returned to within a few
feet Of the cabin and all the parties we're
walking ahead of him, he shot Lowell
and struck him over the head with lis
gun; that Olsen and Drager became
frightened and ran away; that Myers
alone dragged Lowelfs body into the
cabin and closed the door; that he after
wards found Olsen and Drager and told
them he killed Lowell by accident and
they must help bury him. His former
statement that Olsen had fred pistol at
Lowell and that Drager struck him over
the head with sledge hammer were
false, he says. That later in the day he
told Olsen and Drager that it was too
late for the wood contract, and that
they mist take two of the horses and
aid GET out of the country That
the men consented to help him to Sac
ramento with the horses, but told him
that he must there dispose of them him
sell. When they took the two animals,
the other horses ran through the gate
and followed them to the grant near
Sacramento.
Now, it is to be understood that a new
trial for Olsen, in whose behalf the aft
dayi' is filed, involves new trial for
each, as they were jointly tried and con-
victed. Myers, therefore, already under
death condemnation, cannot possibly be
placed in any worse condition, while the
chances of q new trial being granted,
and the possibility OF securing stupid or
stubborn Jury must be for his benefit as well
as for that of Olsen and Drager. 1t viii be
within possibilities, if new trial is
granted, for Myers to adhere to his new
statement and secure the acquittal of
Olsen and Drager, and then, by playing
the insanity dodge" secure further delay,
and finally round it all up by return to
reason, and reputation of the affidavit as a
vagary of his mind, andwith the aid of the
the testimony of Olsen and Drager make a
successful stand against the law.
Less cunning schemes have been con-
cocted and carried through by adroit
criminals. The atmosphere of crime, and
the peril of its deserts, develop great
shrewdness and mastery cunning in APP
parently stupid rascals. They often con-
ceiye and put into practice schemes that
uStSAfS hASiA OMu dlIOIHSlS, anu engage
them in sincere efforts to effect clearance
under belief of the innocence of their
clients. The people believe that if Myers
is guilty, so too are Olsen and Drager
Even if the later story of the former is
true, they were accomplices after the fact,
and the law does not distinguish between
such and principals. The case was care
fully tried, before "a Court impartial and
of stern judicial calm; the belief is enter
tanned that no exceptions were taken
upon which to go with any hope to the
appellate Court. The ruling of the lower
Court upon the Myers affidavit may be
anticipated as adverse to the motion, since
by his own showing he is unworthy of be-
lief, and the motive for new trial is so
strong.
The community does not thirst for the
blood of these men; it is jealous of injus-
tice to any one, and the laws provided by
it are the most liberal of any upon earth
in provisions for the protection of the
rights of an accused person. Out of this