The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1902-12-31

of four shots sichais objected to COM
ments on the testimony and Judge Iia-
zen sustained the objection. "On the ex-
animation it was intimated that insan-
ny might be the defense said Judge
Allen we shall not contend that the
defendant is not accountable for any act
on account of insanity but it viii be
necessary for you to understand that he
was subject to temporary insanity and
that he had suicidal intent 1t win be
shown that his grandfather was insane
for many years. While we shall not go
into the question in length it will be
shown that his mother has been af-
fiicted with mental alteration and that
on the other side of the house a cousin
was insane 1t viii be shown that while
at the Normal school in EmpOria he had
an attack of grippe and broke down and
went home. He has trouble which made
him sleeDless and physicians We're call
ed to treat him for that mental trouble.
We shall not maintain that the most of
the time he was insane but we will show
that he was subject to dispondency, Sc
we're headaches and sIeeplsssness and
that he then had a tendency to become
suspicious of his father and dearest
friends. He has been doctored for that
by numerous doctors and that he talked
about taking his own life.
1T will be shown that he was a man
of good habits and that he worked
hard to get ON In 1894 he was elected
superintendent of schools in Linn
county He married Mrs. Lowe in 1885.
In 1896 he was defeated foS reelection.
It win be shown that while he had
these spells he would get up nights and
seek imaginary enemies 1t was known
that ne was then not in his right mind
and it will be shown that he went to
the state convention at Wichita and
while there had one of these spells. 1t
will be shown that his wife understood
and appreciated his infirmity. When
you understand all this and understand
that Mrs Lowe knew all about his
condition you will understand Mrs.
loves herOiSm in trying to disarm
him at the time of this unfortunate oc-
.CuTrence. The evidence Will show that
Mr.. and Mrs Lowe and Mr. and Mrs.
Lundgren went to town the night be
fore this occurrence and were all right
toward each other. The evidence, not
by any living witness, viii show that
Mr.. Lowe put the pistol to his head to
fire with suicidal intent. The bullet
holes and blood spots will show that
after the first shot Mrs. Lowe tried to
take the pistol from him. During the
struggle that ensued the blood marks
on the dress came from his head. The
state will be unable to advance any
other theory as to the blood stains. 1t
will be shown that the pistol is & self
cocker and with a persons finger on
the trigger would be discharged. This
struggle took place between the table
and the door The evidence will show
that she whose life went out as 2 re-
suit Of that tragedy held no malice
toward her husband but that she wish
ed to shield her husband from any
charge of wrong doing. It will be
shown that she made no other state
meut that that. When she realized
that death would ensue she called wit
nesses and said she wished to make
statement She made a dying state
ment in which she solemnly said that
the shooting was accidental and that
/ Mr. Lowe was not at all to blame"
7she defense viii have abous ssssiftJ
J witnesses
Lowe will not take the stand in his
own behalf.
The defense will make decided effort
/ to prove that struggle took place
when the shooting occurred, and that
Mrs Lowe tried to take the pistol from
/ Mr.. Lowe
! There will be no session of the trial
/ New Years. but Judge Hazen and the
attorneys expect the case to go to the
jury late Saturday afternoon
The defense Will have a large number
I of witnesses from out of town.
FIRST WITNESS CALLED
The first witness for the defense was
Elias b Barnes, of Emporia.
DO you know Otis Levels, who was
on the stand?" asked Judge J. S. West
/ for the defense.
Il know him." said Barnes.
''Wnat is his reDutation?"
1T is bad
Would you believe him under oath %
Il doubt If 7 would"
On discrimination Barnes could
remember only one person he had heard
say that Levels was untruthful.
Charles Chandler. of Emporia was the
next witness called. He said Levels
reputation for truth and veracity was
/ bad.
c. w Mcknight of Emporia, was the
next witness called. He said Levels
reputation for truth was bad.
The court adjourned at u o'clock un-
/ til 1.20 o'clock
MRS. CHARLES TESTIFIEs.
Mrs Charles, wife of the superintend-
ent, followed her husband on the stand
Tuesday afternoon Mrs. Charles ar
rived at Loves room soon after her
husband did. Mrs. Charles heard Mrs.
Lowe say, Don't let anyone think this
was anything but an accident
I Mrs. Charles testified as follows: Mr.
Lowe said, The pistol shot me- I said.
Did Mrs. Lowe run toward you to get
the. pistol and he said, I was dazed
Mrs Charles identified the corset Mrs.
Lowe wore. There are two bullet holes
in the corset
Mr. Lowe said he wished no expense
spared in caring for Mrs. Love-" said
Mrs. Charles. Mrs Lowe asked THAI
DIR. Mum be summoned and later Mr.
Lowe requested that DR.. McClintoc be
called"
Did Mrs. Lowe while she was at the
hospital say anything about the shoot
ing?'
"She told me she had signed a state
! menC TO the eHect tndt the SnOOtlnS was
an accident" said Mrs. Charles.
AT any time previous to the shooting
did you see any 6iscolorations on Mrs.
| Lowe %
Yes, on the 23d of April 1 saw her
facee was discolored and some weeks
later I saw her face discolored. The
first time she came to breakfast with a
black eye and the second time she came
to brea kfast with her right eye and
cheek blacked.'
Mrs. Charles also identified the letters.
DO you know where those letters
were found?"
Yes"
''Where?''
In the upper right hand drawer of
the dresser in the loves room in an
envelope together"