The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-03
Judge Hazen's Instructions
Cover Every Point in Detail.
A REASONABLE DOUBT
1t Is Defined and Jurymen Are
Told of It's Significance.
Judge Cannon, of Mound City,
Opens for Prosecution.
Jury Will Get the Case Late
This Afternoon.

The John c. Lowe murder case viii be
in the hands of the jury today.
Judge Hazen announced this morning
that the arguments must be completed
today even If an after supper session
is necessary.
When the court opened at o'clock
this morning Judge Hazen read his in
structions to the jury. The instructions
do not seem to give the defendant any
particular advantage in the case.
In part the Instructions were as fol-
lows:
1T is charged that John c. Lowe on
purpose and premeditately with malice
aforethought shot and killed Fanny
Lowe
He has the right to make the defense
that he was mentally irresponsible and
also that the shooting was an accident.
The defendant can be found guilty
of murder in the first or second degree,
or manslaughter in the third or fourth
degree"
Every just presumption should be re-
solved in his favor.
The burden OF proof does not shift
from the state to the defense at any
time and the presumption of innocence
continues until the defendant is proven
guilty.
You can not convict the defendant
unless you can reach that decision with
out reasonable doubt
Accidental homicide is when the per-
son is not to blame for a killing by &C
cident.
The defendants actions after the oc-
currence may be taken into considera-
ton to determine his mental capacity
1T is for you to decide if John G.
Lowe had mental capacity to know
whether his acts were right or wrong.
n If he did not have this mental capacity
then he is not responsible
If the defendant was laboring ur1-
der such a defect of reason so as not
y to know the nature and quality of such
acts then the law does not hold him
responsible But if he knew the nature
e of his actions then he is responsible.
e If he had the capacity to know what
o he was doing then the fact rhat he
n was weak minded or morose or jealous
{. does not make him irresponsible.
G. THE dying statement OF Fanny Lowe
= has been admitted. The credibility of
5. it rests with the jury
: IF Immediately before the shooting
n of Fanny Lowe the defendant tried to
5 commit suicide and in a struggle to
n shot then the defendant is not
t guilty of any crime Or, if he was
e dazed by the bullet he is not response
1. Bile for the acts which he committed
e Judge ]. c. Cannon made the open
ing argument for the prosecution.
a At the close of Judge Cannon's ad-
9 dress to the jury. Judge J. S. West, for
Y the defense, spoke.
e Captain w r. McNary spoke for the
prosecution and was followed by Judge
S. H. Allen and Judge 9. A. Magaw for
t the defense County Attorney Nichols
= viii close the arguments late this after
REBUTTAL4 TESTIMONY.
n DR.. L. l. Uhls, superintendent Of the
Il Osawatornia insane asylum. was the
! first witness placed on the stand in re-
s buttal Friday afternoon. He said John
o Lowe was at the insane asylum from
mttted the affdavits Of two physf-
clans
!, 'sWhat Is your opinion as to loves
sanity while he was there?'
I'VE object" said Judge Allen.
.. "Overruled," said Judge Hazen.
4 Answer the question" said Nichols.
f Il did not at any time consider John
Lowe insane while he was at the hos
& pital" said Uhls.
r The defense had not expected the ad-
{ mission of this testimony.
j WAS a record made of his discharge %
r "Object' said Allen.
! Sustained said Hazen-
t. The defense asked no questions Of Dr
: Roy Stanley. assistant from the Osa-
{ watomie asylum, who had charge Of
r Lowe. was called.
did you take inmates out to exer-
! cise?" asked Attorney Nichols.
. Yes, Lowe jumped in the lake" said
r Stanley.
: What did you do2''
Il ran to the lake and told him to
g come out ard he swan out"
$ Did he have his clothes on when he
I jumped in@'' asked Judge Allen.
: Yes said Stanley.
/. T. Cain, another attendant. was
Y called. He testified to Loves jumping
= in the pond and swimming out when
called TO.
On cross examination Judge Allen
. said: Did you see anything concealed
in Loves room ?,
yes, we found a small rope but he
( had let patients see him take it into
his rOoxs2.'i
Supt. H. N. Charles of the Reform
[ school was called
Did Lowe show any peculiarities that
caused you to think Lowe inSane?"
Z NO" said Charles.
WAS Lowe an efficient officer?"
Yes"
did you notice him have any morose
spells2" asked Judge Allen.
HE was always morose and retic-
ent"
Mrs. H W. Charles was called. She
: testified thar she saw no actions on the
part of Lowe TO indicate mental de-
rangement.
Did you hear Mr.. Lowe make any
statements Monday afternoon2' asked
; Nichols.
E The attorneys made objections which
' were overruled-
Yes said Mrs. Charles
Did you hear Mr.. Crandali Lowe say
This could rot have been an acct
dent2'''
r The attorneys protested but Judge
e Edazen admitted the question
e Il heard him say this could not have
v been an accident, replied Mrs. Charles.
On cross s-exanninatiOn Judge Allen