The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-11-07
DULL GOES TO PRISON.
Supreme Court AfIirms His 20
Year Sentence.

George w Dull, who was sentenced TO
the penitentiary for 20 years for the
murder DR.. Rowland, at Herndon, Raw
Inns county, April is, 1902, will have to
serve his sentence. The supreme court
today affirmed the decision of the lower
court. This was one of the most mys-
FERROUS murders ever committed in
Kansas. No motive was assigned for
the deed and Dull was convicted on
purely circumstantial evidence. The
defense alleged that the evidence did
not justify the verdict and on that
ground appealed, but the supreme court
says that as long as the jury found Dull
guilty and there is no error in the rec
ord, the conviction must stand, even
though no motive is assigned for the
murder.
Justice Pollock delivers the opinion
and he tells the story of the murder as
follows:
About IL o'clock on the morning of
April is. 1902, in the little town of
Herndon, Rawlins county, Doctor
Rowland was twice shot with number
SO calibre revolver, one bullet passing
through his head and the other through
his heart, killing him almost instantly.
The killing was done in room called
the -four room, attached to and forming
part of the general merchandise store
building of the defendant. The DEFEND
ant and deceased had resided IN TINS
town for many years. Both were mar
RED They and their families, in so faE
as shown by the evidence, had lived in
intimate and friendly relations. On the
morning OF the tragedy DR.. RoWland
appeared at the store and spoke TO de-
PENDANT, saying, Good morning, George,
where is Jess "a clerk)! want 10
speak to you"
"At the time defendant was sitting
upon a lounge or settee in the store
room near the front door, wearing
neither coat nor vest. The two walked
few feet into the flour room and
stood near the front door leading from
the street into that room. Passersny
observed them so standing taking, IN
apparently a friendly but interested
manner. The evidence further SHOWS
within a few seconds after being SO Cd
served standing talking, two SnotS Were
fired. The deceased was FOUND iylnB
! where he had been standing. Ihere
were powder marks upon his face hand
and collar. Hence. it is evident the
shots were fired at close range. II arse
appears the shots were fired from the
direction in which defendant was last
seen standing, if deceased renamed
standing in the same position he had
occupied. When first seen aTter the
shooting defendant was sitting at ms
desk in the rear of the store at work
upon his accounts, seemingly upper
turbed. When by his clerk apprlsed OF
the killing he went at once to the de-
ceased, prepared a pillow for his head,
and in other ways assisted IN minister
| ing to his wants.
.sWhile the testimony shows that the
converse ton between the defendant
| and deceased was in relation to some
chattel mortgage property, yet the rec
| ord tends to show that the visit of the
deceased to the store of the defendant
was with the knowledge of the Wife or
the deceased. who after the tragedy
sent for defendant to come to her bed
side. where she lay sick and Drostrat-
ed and with great solicitation inquired
whether the weather and crop pros
poets were all they had talked about
prior to the tragedy. to which defend
ant responded Yes No other person
than dafenda2t. deceased and the
clerk in the store was seen around the
store near the time of the tragedy. No
one was seen leaving the building. It
was not shown deceased had any
enemy who had ever threatened his
life or would be inclined to compass
his death.
1.-THE evidence presented to this court
shows an entire absence of motive on
the part of defendant. yet no plausible
theory for the death of the deceased,
save at hands of defendant. is advanced.
| A case more barren of testimony upon
the two features mentioned can scarcely
be conceived. and fortunate for those
whose duty it is to assist in the enforce
ment of the law, seldom occurs
In closing Justice Pollock says:
singular, mysterious and inscrutable
as was the killing of the deceased. the
jury upon sufficient evidence having
found the act of killing to have been
done by the defendant. and no justifica-
ton therefor being shown, and no error
of law appearing in the record, the con-
viction must stand