The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1899-02-17
HER SAD STORY.
Miss Smith Tells of DR.. LOWry'S
Alleged Assault.
Her Letters Also Read to the
Jury.
BREATHE DEVOTION.
Charges That the Doctor Took
Advantage of Her.
Intense Interest in the Case
Courtroom Crowded.

Kansas City, Feb. 17-Whether there
is justice in Miss Martha Smiths claims
against DR.. Howard S. Lowry for
breach of promise, there is no doubt
that the young woman has for some
real or fancied wrong changed from an
adering slave to most devoted enemy.
There is nd trifiing on the part of the
plaintiff in her suit for $25, 900. She is
in deadly earnest, her story is perfect
in every detail, and her determination
does not flag for an instant while she
sits in the courtroom, stared at and
commented upon by the crowds listen
ing intently to every step made in the
trial. I have a whole lot or reserve
courage and determination, she once
wrote in a letter to her employer. and
he is having conclusive evidence of that
characteristic now.
Probably never before has a suit in
the circuit court attracted such wide
attention or drawn such crowds as the
one now in progress Every seat in the
courtroom is taken long before the pro-
ceedings begin in the morning, and
scores crowd the aisles and every space
in which they are permitted to stand
1t was the most dramatic moment in
the trial when Attorney John w. Beebe
her lawyer, told Miss Smith to tell the
jury how DR.. Lowry first made his ad-
vances to her Courtroom spectators
leaned forward and listened GREATNESS
ly, and the jury Strengthened up and re-
newed its attention. DR.. Lowry sat
facing the young woman who is suing
him.
But before this point was reached an
interesting series of questions was
asked that the listening crowd in the
courtroom eagerly devOured. They were
asked by Miss Smiths lawyer, Mr..
Beebe, and were as follows:
when did you first go to work for
DR.. Lowry?'
September Is, 1889"
hi "a Ifxyin r aof Ina
Yes
Had he a child also?''
YES"
Did he ever pay you any attentions
while his wife was living?"
''Oh. no; not at ALL
when did his wife die?'
I'm 1891 His child had already died."
How long after her death was it be-
fore he began paying attentions to
your"
About three months"
Tell the court now, Miss Smith,
what those attentions were"
He stroked my hair, took hold of my
hand, told me he loved me and asked
me If 1 could ever learn to love him,
and other little attentions like that,
which led me to believe that he had
personal regard for me-
Did those attentions increase in fer
vor?''
me to kiss him.
WAS this before the occurrence of
which I am soon to ask you, and which
you know about?'
Yes, sir"
Mr.. Karnes sprang to his feet and
objected.
Just wait" he said. punctuating his
remarks with a lead pencil held in his
hand. Are you going to ask that ques-
tion now? Is this next question the
one? If it is, we object to it as incom-
Mr.. Beebe's next question was as to
the date Of the occurrence he had Just
referred to. Miss Smith answered that
it was in 1891, the day after her 18th
STORY OF ALLEGED ASSAULT.
Did DR.. Lowry assault you?'' asked
Mr.. Beebe suddenly, and before MI
Karnes had time to stop her, Miss Smith
answered: He did,
When Mr.. Reebe then commanded
Miss Smith to tell everything, her face
Redeemed and she looked down at the
floor for moment. Then she said hesi-
tatingly:
Il don't quite understand you, Mr.
Reebe DO you mean for me to tell
just what I told you at the Officer"
Yes" said Mr.. Beebe, tell every
thing"
Miss Smith paused a moment, and
then, in a firm but low voice. told this
story to the jury. given here verbatim:
THAT evening 1 was in the operating
room putting away the instruments and
the doctor went into the reception room
and locked the outside reception room
door and when I went into the other
room to put on my wraps he came in
and wanted me to kiss him goodnight
I refused to do that and he tried to
compel me to by main force. He gave
as reason that he loved me and that
led up to his making a criminal assault.
1t was wholly without my consent. I
begged and begged of him to let me go
l asked him in the name of heaven and
IN GODS name and even mentioned his
wife's name and asked him for her sake
TO let me go, but he did not 1 struggled
until lost consciousness and the next
Lhing remember he had me in the
operating room trying to wash my face
L made some remark to him that he
needn't pretend to love me if he could
treat me like that and he let go of me
and l was recovering from the faint
and I fell on the floor"
Miss Smith continuing told the jury
that 1t was o'clock that night before
she got home. DR.. Lowry accompanied
her. They rode on the street car. She