Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-10-24
CLOSING SPEECH BY Mr.. LOWE.
He Answers Many of the Points Made
by Major WoodsOn and Says
Word ON the Letter

The final argument in the case was begun
at 3:i5 O'Clock by Prosecutor Lowe. who
read the heading of the indictment. and
said that. from the address of Major Wood
sen, he was left in doubt as to whether he
was not q co-defendant in the case. He
said that, while the jury could not restore
DR.. Lyman A. Berger to the bosom of his
family. it could show that it respected the
laws Of the country. and was willing to
sustain those laws.
Il have just as sincere regard for my
wife and family as any man on this jury.
or as any man on earth," he declared, but
1 say that if my wife should come to me
and tell me the story that this woman says
she told her husband. 1 would not believe
her. No man on earth of sense would be-
lieve the story told by that woman"
Prosecutor Lowe branded the statement
of Mrs. Schlegel. that her husband had
asked her no questions when n she sa, told him
tor Lowe asked the jury:
DO you know why John Schlegel was SO
Indifferent when his wife told him the
story? III tell you why. He didn't be-
lieve it."
Prosecutor Lowe said the only ground on
which the jury could acquit the defendant
was on the ground that he was crazy. He
remarked upon the remarkable assertion of
Major Woodson, that IF DR.. Berger had
gone to John Schlegel like man and ac-
knowledged that he had made a mistake
and was sorry, that the matter would have
been dropped: Isn't that a. remarkable
il Berger had done that. Schlegel should
have killed him on the spot. and he would
have done it, too. if he had spark Of
manhood"
Prosecutor Lowe said the action of Schle-
gel in recognizing Nash after he had drawn
same hT man When as n0 schege % %aEed @ %
DR.. Berger, he shot and killed him without
word.
didn't he?" asked the prosecutor. Then
why didn't he ask Berger If he was Berger;
and tell him he was going to Kill himE !
is a part of this cleverly concocted scheme:
IL you acquit this man on the ground OF
insanity there isn't m man Ids In TINS county MY
courts of this country might as well be
closed up SO far as convicting murderers Is
concerned.
"Gentlemen, there is no way you can turn
this man loose unless you say that he Is
insane. And 1 say to you that II you turn
this man loose he will go right back to his
store and attend to his business as he has
for seventeen years. Would an insane man
do that? / say that IL you. gentlemen. in
the face Of all this sbf sa we coss
courts of justice in this country and let
the murderers roam our streets at Will:
Major Woodson does not believe you Will
acquit this man on the ground that he was
insane. He believes you will be guided by
his appeal regarding the sanctity Of the
home; they expect the prejudice to warp
your Judgment to favor their cause"
Discusses the Famous Letter.
Prosecutor Lowe held up the letter that
Schlegel had written him and said:
II told this man that his wife could not
have been raped in the manner she said
she was. There isn't a man on this jury
that could prevent another man from
writing letter to him. Gentlemen, this
letter was written to me for no other
purpose than to tell me that he was In
great debt to me. They say We introduced
the letter at the wrong time. That we
treated the defense unfairly. If we had
treated the defense unfairly the court
would have not allowed us to do so. Major
Woodson told you that this letter is the
strongest evidence of this mans insanity.
If that is true, then why did Major Wood
son stand before the court and argue and
object to the introduction of this letter in
the evidence? He knew it was not evidence
of insanity"
In closing. the prosecutor dweIt upon the
fact that. under the law. the defendant
could not be acquitted unless the jury were
insanity of the defendant-that he did not
know that he was doing wrong when he
killed DR.. Berger.
Prosecutor Lowe closed his address at 4:4O
O'Clock. having talked just one hour The
jury then filed out to the jury room. but
the crowd remained seated and standing
in the belief that verdict would soon be
returned. After waiting time court took
q recess until 1:30