The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-10
JURY IS SECURED.
Second Trial of j. G. Lowe Now
Under Way.
Considerable Trouble Exper-
fenced in Securing a Jury.
MANY HAD OPINIONS.
These We're All Excused by the
Court.
Defendant Appeared In Court
Looking Wan and Haggard.

The second trial of J. C. Lowe, charg-
ed with shooting and killing his wife,
Fanny Lowe, at the reform school in
Topeka June p, 1902. was called in the
district court this morning at o'clock
and the examining of Jurors was begun.
j. @. Lowe, the defendant appeared
at the court room accompanied by his
father, Crandell Lowe and his attorneys,
S. H. Allen, Otis Allen. David Over
myer and c. A. Morgan. The prosecu-
tion was represented by County Attor-
ney Hungate. ex-County Attorney Galen
Nicholas and ]. r. McNary.
The defendant, Lowe, wore the same
suit of slate colored clothing that he
wore at the former trial when he was
convicted of murder in the second de-
gree. When the second trial of the
case was called in July a continuance
was secured on account of the physical
condition of Lowe. The Jury was called
to be examined and the witnesses in
the case were present for the prosecu-
ton when the attorneys asked the court
Lowe to determine if he was physically
able to appear for trial. The report
Of the two physicians, DR.. j. c. Nc
Clintock and DR.. l. Y. Grubbs was that
plant and was not in fit condition to
stand trial. The physicians thought that
II Lowe were under the strain of a
trial that he might collapse at anytime
| loves appearance in the court room
this morning was the same as when he
! appeared at the first trial in December
1902 and when he was in the court room
| in July, except that possibly he is
slightly thinner Lowe has no color in
his face. His complexion is naturally
sallow. During the first trial of the
case he controlled himself during the
first day or two of the trial, but broke
down and cried and sobbed when the
witnesses for the prosecution told of the
| efforts of his wife to shield him from
the court room by Frank Bell, a farm
/ hand employed by Crandell Lowe on his
farm in Linn. county Lowe, his father
and Bell are Quartered at the Oxford
hotel.
EXAMINATION OF JURORS.
| County Attorney Hungate began the
examination of the jury at 8 o'clock. C.
/ A Beckstrom was excused by the court
on account of the fact that he had been
present at the first trial of Lowe.
G. A. Magaw examined the jury for
the defense. In examining the jurors
Magaw gave hint as to the plan of
defense by asking questions regarding
| the Jurors ideas of a defense based on
| insanity. Each juror was asked if he
thought that persons charged with a
crime sometimes resorted to a plea of
insanity as a subterfuge to escape con-
viction and if they thought that it be
| true II they WOuIQ 1oel suspicious
| toward the defendant
J., A. Ferguson said he thought that
the insanity plea was often resorted to
as a means of defense. Magaw object
ed to him as a juror on account of the
answer. Judge IIazen overruled the
objection.
The defense objected again to ]. A.
| Ferguson on the ground that he had
an opinion as to who held the revolver
when Mrs. Lowe was shot. Ferguson
admitted that from what he had read
he had an impression as to who held
the revolver. Judge HaZen overruled
| the objection.
The prosecution waived the first right
of challenge.
The defense used it's first right of
challenge to excuse Mr.. Ferguson.
Frank A. Smurr was called. He
stated that it would require strong cir
cumstantial evidence for him to pe
convinced of guilt. He stated he had
an impression of who held the revolver
when the shots were fired
The defense exercised its second right
| of challenge to excuse Mr.. Smurr.
S. S. Rice was called. He had formed
an opinion but thought he could try the
/ case irnpartially. Mr.. Rice said he hao
an opinion which would require evil
| dence to remove it. He was excused
by the court as being disqualified.
H E. GoodeH was called The prose-
cution waived the second right of chal-
! ison on third right of challenge.
L. d. Hazen was called. He had
| formed an opinion and was excused BY
| the court.
Frank Sachs was called He had
/ formed and expressed an opinion and
J. B. Bradley was called. He had
formed and expressed an opinion ana
was excused.
i william B. Speer was called. He an
swered the questions satisfactorily and
4 was passed by both the attorneys for
the prosecution and the defense. On
the fourth right of challenge the de-
fense excused Mr.. Rodman-
swered the questions and was passed.
The state waived it's third right of
+ challenge. On the sixth right of chal-
Ienge the defense excused S. s. Coles.
John T. Clancy was called. He nad
formed an opinion and was excused
/ F. Proudfit was called and excused
on account of defective hearing.
J. A. Van Week was called. He an
swered the questions and was passed
The defense excused Rufus Knott on
the sixth right of callenge.
Frank Newland was called He had
formed an opinion and was excused
M c. Holman was called. He had
formed an opinion and was excused
C. w Ryus was next examined. he
was passed. The prosecution waived
the fourth right of challenge. On the
seventh right of challenge the defense
excused T. NJ James
NJ w. Kyne was called he was
passed by both sides.
on the eighth right of challenge the
defense excused c. W Ryus.
T. voiland was called. He had form
led an opinion, and was excused
O. D. Skinner was called He had
formed an opinion and was excused
John c. Hewitt was summoned to
the jury box. He was passed by both
sides.
On the fifth right OF challenge the
prosecution excused NJ W. Kyme.
George Zuider was examined and