The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-29

closed the law IN ~ sssse zveald be ex-
planned to the jury.
Attorney Magaw opa er fo John Os-
trand sitting as a juryman Tor the rea-
son that he had been picked up and
did not belong either to the regular pam
el or the special venire. Judge Hazen
ordered him TO stand aside
In his questions to the jurors AttOr-
ney Magaw said: IF we admit that
Mrs. Lowe come TO her death by a gun
shot wound have you any opinion as to
how it happened?" No juror had an
opinion.
G. NJ Stone said that he thought that
if Lowe had the revolver in his hand
from which the shot was fired that kill
ed Mrs. Lowe that he would be the one
responsible.
Magaw challenged Stone and Judge
Hazen overruled the challenge.
In regard to the plea of Insanity
said Magaw, IF a reasonable doubt as
you bring in d verdict in favor of the
defendant" The question was asked
the entire panel
Judge Hazen explained that the doubt
would be governed by the law which
would be explained at the close of the
case. The Jurors assented to the ques-
ton.
G. w. Belts admitted that he had
not a member of the regular panel. He
was challenged and excused.
The state challenged S. Grandpre and
he was excused.
if he had an opinion in the case. by
Nichols.
Il have" replied Hodgins.
STAND aside" ordered the court.
H. c. Lang was called. He had an
Would it take evidence to remove
the oDinion?" asked Nichols.
Yes" replied Lang.
He was excused.
S. A. Scott had formed an opinion and
could not try the case impartially. He
was excused.
]. R. Bancroft was challenged by the
defense on the ground that he had
served on a jury within the year and
was excused.
A A Rodgers name was called
Rodgers was not in the court room and
Judge Hazen ordered Bailiff Coyne to
notify him that if he did not appear
issued for him.
S. Y Roberts was called. He said he
had married daughter. The defend
ants first right of challenge was used
on Roberts and he was excused
c. O. Smith was called. He explained
that his residence is in Grant county,
New Mexico. and he was excused.
On the second right of challenge the
defense excused F. Gordon.
L. T. Gage was challenged by the
prosecution.
T. X Thompson, of Dover, had fcrna-
ed an opinion and was challenged and
excused
On the third right of challenge the de-
tense excused William Courtwrigat.
Z. c. Moore, of Oakland. was called
but had formed an opinion and was ex-
cused.
On the fourth right of challenge the
defense excused R. B. Stewart
A A. Rodgers was called to the jury
box and examined. He said he was ac-
u
quainted with Supt- Charles OF the Re-
form school He said he formed an
opinion at the time he read of the kill
I ing Of Mrs. Lowe. but that he now has
no fixed opinion.
On the@third right of challenge the
state excused George NJ. Stone.
Charles Luthey was excused on ac-
count of being deaf.
Samuel MCGOWAN was called. Il am
deaf in one ear" said McGOWan- Il
think I ought to be excused
How old are your asked Judge
Hazen in an ordinary tone.
I am So replied MCGOWAN.
"How long have you lived in Shawnee
/ county?"
since 1864" was the reply.
Take a seat in the jury box said
Hazen.
On the sixth right of challenge the de-
! fense excused A A. Rodgers.
! On the fourth right Of challenge the
state excused W G. Kinnaird.
On the seventh right of challenge the
/ defense excused Oscar Myer.
/ Frank Logan had formed an opinion
and was excused.
Many of the special venire were not
/ in the court room Some were sick and
some out of town, and by 40 the reg
lular panel and special venire had been
exhausted. Judge Hazen announced
that more jurymen would be drawn
from the jury box and summoned to ap-
/ pear at once. The case was adjourned
until 1:30 o'clock. Judge Hazen excused
the Jury for a recess and warned the
! jurymen against talking about the case.
/ W. T. Beeler. a Santa F'e engineer.
asked to be excused. but Judge Hazen
refused the REQUEST.
NEW NAMES DRAWN.
Only the names of jurors living in the
/ city were drawn from the jury box to
4 increase the special venire for the Lowe
/ trial. The names drawn were as fol-
/ lows: George Fisher, John w. Moore,
F. A. Beckstrom. ]. S. Rice, William
! Vesper. W. H. Moody, G. NJ. Hammill
]. S. Van Hounten, H. c. Lindsay F.
H. Webster. Andrew Nygren, G. Down
! ing G.. L Larimore. 4. E. Jones, John
I McManus, w. H. Sanders, j. w. Baker
J. NJ. Chrisman, F. l. Sexton, J. h.
Seybold.