The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-30
ONE JUROR SICK.
j. w. Moore, in Lowe Case Gives
Out.
u. A. Mulvane Takes His Place
in Box.
BEGIN 1T ALL OVER.
Doctor r. e. Buckmaster Again
Tells His Story.
Superintendent Charles Tells of
loves Actions.
CORY CLOTHES SHOWN
Former Reform School Teacher
Looks at Them BlankIy.
Shows No Emotion at Stories of
Witnesses.

When the Lowe trial was resumed at
8 o'clock this morning there were only
eleven jurors present.
John w. Moore, a iuryman, was re-
ported sick and unable to be present.
The trial was delayed while DR.. r. NJ.
Buckmaster was sent to 1900 East Sixth
street to see Moore and determine if he
was able to continue as a juror in the
case.
DR.. Buckmaster reported to the court
at 1915 o'clock. He was sworn and
stated that he found Moore suffering
from chronic ailments. He said Moore
was attacked after he returned home
Monday afternoon and that he passed
sleepless night. Buckmaster said Moore
was nervous and with his pulse at SO
was on the verge of collapse. He said
he did not think Moore was physically
able to serve as 1uryman. and that
the strain and confinement in the court
room was too much.
Judge S. H. Allen, attorney for the
defense, said: I'VE are willing to pro
ceed with one new Juror who shall make
up the twelve men of the jury
County Attorney Nichols agreed to the
arrangement Judge Hazen considered
the matter. He had some doubts as to
the legality of such proceedings, but
finally consented to such an arrange
ment.
It was decided to discharge the eleven
members of the jury remaining and draw
additional names from the jury bog
from which to secure the juror. Both
sides agreed to accept the eleven men
when another had been secured.
Judge Hazen said: The eourt finds
that J.. w Moore. one of the jurors III
the case. has since he was sworn as a
juror been taken sick and is unable to
appear. The court is of the opinion and
finds that he will not be able to serve as
a juror in the case in reasonable time.
The court orders that the present jury
be discharged and that another jury be
imDa aueled."
Bailiff Coyne took the eleven jurors
into the jury room to keep them while
the court and the sheriff drew the fourth
special venire from which to secure the
extra man.
The strange part of the proceedings
was that the defendants attorneys were
willing to agree to any arrangement that
could be had. The defense could de-
mand an entirely new jury, but the de-
/ Tense was willing to take but one new
man. The attorneys for the defense an
nounced that they were willing for the
testimony already given to be read to
/ the new iurylnan, but the opinion was
! that witnesses would have to repeat
their testimony for the benefit of the
new juror TO make the proceedings legal.
/ At 1870 o'clock the following names
were drawn from the jury box: c. L.
Trainer, w. e. Stickler N. B. MacLel-
! Ian, E. B. Pattison, William M G. Lane.
4 FRANK hammer, u A. A4ulVan6.
At II o'clock the work of securing a
new Juror began.
D. A Mulvane was called to the box
and was examined by County Attorney
Nichols
Would the fact that the defendant is
charged with numbering his wife preju-
dice your mind against the defendant ?''
asked Attorney Magaw.
I think it would" replied Mulvane.
Gould you sit in this case and try it
/ q though had heard nf the
case?" asked Judge Hazen.
Il think 7 could" replied Mu1vane.
Have you any prejudices against the
defendant?' asked the court.
Wen, l think the matter is very ser
ious- 1 think a man ought to run be-
fore he would shoot
Mulvane was challenged by Magaw
and the challenge was overruled.
THE defense has exercised eleven
challenges" announced Judge Hazen
and therefore I will allow the defense
two challenges more
The defense waived the right to chal-
lenge and the jury was sworn in at
11:10 o'clock to try the case.
The proceedings were begun again
and Galen Nichols stated the case to
the jury in substance the same as he
had stated it on the first day of the
trial.
The only change in Nichols statement
from the previous day was that he an
nounced to the jury that he INTENDED
to stick the defendant" The defendant
did not vince
DR.. r. E. Buckmaster was called tc
the stand and his testimony was re-
peated-
When asked if Mrs. Lowe said any
thing to him he said: .'She asked me
while at the hospital where John was
I said He is Up town She said In
| jail?' l said he is in charge of an off
GER She said, Can they do anything
with him for this?' I said. I don't
know
On cross-examination Judge Aller
said Did the bullet which made the
wound in Mr.. Loves head touch the
skuli2''
IT think not" said DR.. Buckmaster
did you notice blood marks on the
table in the Loves room?"
II NO"
On redirect examination Nichols said
I'm what position would the revolver
had to have been held to produce this
wound in loves head?"
.The revolver would have been held
near his ear and behind"
SUPT. CHARLES TESTIF1ES
Superintendent H W. Charles of the
Reform school was the next witness
called. He explained Mr.. and Mrs
loves duties at the Reform school Ht
said Mrs. Lowe looked after the affairs
of the kitchen and all departments OF
the school and would necessarily com,
in contact with the employees, officers
and boys of the school.
l What was the first intimation yol