The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-04-15
DANIELS ON TRIAL
Topeka Young Man Faces
Charge of Murder.
Hit Frank Deylim on Head and
Caused Death.
A JURY is SECURED.
Luke Heery Tells Story Of the
Fight.
Doctors Describe Wounds on
DeYlin.
A JURY IS SECURED.

The trial of Roy Daniels, charged
with the murder of Frank Devlin, was
begun in the district court this morn
ing at o'clock
Daniels sat in the court room. HIS
mother and father Mr. and Mrs. j. +
Daniels. well known and respected peo-
pie. sat close beside him. He was rep
resented by Attorneys r. f. Hayden
and Otis f. Hungate. The prosecution
was conducted by Galen Nichols ana
Cant. r r. McNary The trial did not
attract an unusually large crowd ana
besides the witnesses and IrlendS oA
he parties interested in the trial there
were not more than dozen spec1a eors'
SPECIAL WENIRE.
Judge Hazen called d special venire
of jurymen in addition to the regular
jurymen in order that there would be
no unnecessary delay in securing
jury. The special venire was drawn
from the jury box, as follows T. A.
Beck C. b.. Sampson, r. T. Roby, Brad
ford Miller. n. J. Holman. H G. Lang,
Frank Effinger, G. w Greenwood W.
S. Furman. w. w. Fisher, z. E Strait,
W. H. Bradbury, George r lahdefs' II.
c. Bowen. E K. Felt, Joseph GrOu,
w i. Gordon.
STORY OF THE KILLING.
Daniels is charged with killing Frank
Devlln by a blow on the head with q
beer mallet in a joint operated by
Daniels a t the corner of Third and JEFF
ferson streets Devlin and Luke Heery
had a fight in the joint. Deylin was in
tOXfcated. He had Two knives with
one of which he sta bbed Heery. HeerN :
wounds did not prove dangerous. The
fight occurred early in the evening
Later Devlin was arrested by the pO-
lice and locked up in the city prison
He was charged with aSSaulting HeefN
and being drunk. The officers did not
notice that DeVlin was injured He
passed the night in jail Early the next
morning he lost consciousness and died
suddenly. Then the police learned that
Devlin had been struck on the head
with large wooden mallet in the hands
of Daniels Daniels was arrested
charged with the murder of Devlin. An
autopsy was held and it was found
that Devlin's death was caused by a
large blood clOt forming on the brain,
and that the clOt was caused by blow
on the head. Daniels preliminary ex-
animation was held in the city court
before Judge McCabe. and he was
bound over to stand trial in the district
court on the charge Of murder.
EXAMINING THE JURORS.
In examining the jurors the attorneys
for the state asked the usual questions
and the defense followed the usual line
OF Interrogation, but in addition asking
the jurors if the fact that the killing
happened in joint would prejudice
w. L. Gordon was called to the jury
box.
I would like to be excused said Mr.
Gordon, addressing the court
On what grounds p" asked Judge
Hazen
T am too Old replied Mr. Gordon.
e viii have to know how old you
are. announced the court
am 49, replied Gordon
Aou are excused" said Judge Ha-
Some of the special venire of Jury
men called did not appear and Judge
Hazen called for Sheriff Cook to explain
why they had not come. The shari4f
reported that they could not be found.
cd Judge EIazen.
He is in the United States land Of
nee and says he won't come and thar
Sheriff Cook
Did he say we could not compel him
10 Gomez asked Judge Hazen in sur
That's what he said replied Sheriff
Mr.. Clerk" said Judge Hazen. tissue
an attachment at once for Mr.. Fisher
recess was taken for a few mo-
inents and Judge Hazen changed his
mind and ordered that the attachment
not ne issued. Fishers announcement
tnat ne could not be compelled to serve
- a Juryman seemed to be correct.
Ihere is state law which exempts
from jury service, among others. an
persons holding positions under the laws
of the United States.
JURY IS SECURED.
The jury to try the case was sworn
IN at IL o'clock as follows.
Joseph Grol. J. c. YOhey, w. V Nv
efs a. +. Roundtree, Lewis Porter. Ed
smith K hughes. C. R Cooper f. E.
7tralsnt, T. A. Beck, James HAYES w.
H. Bradbury. W.
In his statement to the jury for the
prosecution County Attorney Nichols
explained the trouble at Daniels joint
ana the stabbing of Luke Heery by
FRANK Daniels. THE state expects to
show that Daniels had no right to strike
the blow which killed Devlin," said At
torney Nichols, and that the killing
was premeditated.
DANIELS DEFENSE
In addressing the jury for the defense.
attorney Hayden said; "DeVlin with a
knife in each hand advanced on Daniels
curing tue trouble and said. IN give
you some Daniels was backed uu
against the bar and could not escane
He struck Devlin slight blow 1t was
more OF a push than a blow. 1t was
g. @. NoiIes. Bert Sins, VIII Briggs
sergeant jenkins. r. l. Grubbs. Ed
PaVey' Henry Aye J. c. Owens, Chief
donovan, Dr r. E. Buckmaster Henry
Waldlemantor. NJ. s. White. ]. E Iu-
cas-, a. w. Hackman. and DR.. H r.
Hogeboom are the witnesses for the
prosecution.
CORONER HOGEBOOM TESTIFIEs
Or. Hogeboom, the county coroner
was the first witness called by the
state. He testified that he was called
TO the city jail after Devlin had died.
What was your impression when vor
arrived at the iail2" asked Attorney
Nichols.
Il saw a small bottle found by tn.
body and heard the talk there ana
thought it case of suicide replie6
Or HogebOom.
did you afterward hold an autop-
ayes"
'rWhy?'