The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-01-01

In his statement to the jury Judge s.
H. Allen made a convincing talk which
seemed 10 make an impression on the
jurymen. Judge Aliens statement that
the defense would endeavor 10 prove
that Lowe, while suffering from a tenn
porary spell Of mental arrangement, at
tempted to shoot himself and that Mrs.
Lowe was accidentally shot while try
ing to take the revolver from him. is
the theory on which the defense will pro
ceed.
The theory. of the prosecution is that
Lowe asked his wife to accompany hiEs
10 lh@r rooia. yIe had been jealous Of
her and had nistreated her. All this
eliminated in the trouble Sunday morn
ing when Lowe called his wife TO the
loom and shot her twice and then at
tempted to commit suicide by shooting
himself through the head.
A chain of evidence 10 more or less
thoroughly substantiate any theory can
be linked together and other evidence 10
disprove each theory can also be pro
duced.
The defense will. attempt to. prove by
many witnesses that John c. Lowe was
forced to abandon his studies at the
State Normal school a dozen years OF
grip; that he overstudied; that he was
forced to go home and that the physi-
clans in Linn county examined him and
decided that he was mentally unbaI-
anced and that it would be best for him
not to return to school. Many witnesses
will be placed on the stand to prove that
at different times during the past dozen
years that Lowe has had spells OF
being queer. Witnesses win be sworn
who win recall several instances where
Lowe made some move or attempt at
his own life and other witnesses will tell
OF his saying many times that he wish
ed he were dead and out of his trouble.
Physicians and neighbOrs have testi-
fed, and more will follow that Lowe
was suspicious of his best friends and
that he feared that something woulo
happen to him and that he was moross
and sullen at times. Many neighbOrs
stated that they thought him unbal-
anced-
To offset this on cross examination
County Attorney Nichols secured ad-
missions from the witnesses that Lowe
was able to teach school Several wit
nesses, who testified that they thought
him unbalanced, admitted that they
voted for him when he was a candidate
for superintendent of schools of Linn
county and that they thought him men
tally able to discharge the duties of the
position at the Reform school and that
no one demonstrated when he received
the appointment The defense will at
tempt to disapprove the attempt at sui
eide theory by showing that Mrs Lowe
was mistreated by her husband ana
that her eyes were twice blackened on
account of such mistreatment and that
her husband had been heard speaking
Grossly to her and that he was jealous
and angry at her. The theory that Mrs
Lowe attempted to Wrest the revolver
from her husband and that a struggle
ensued viii be diSapprOVed by the
nesses that the furniture in the room
was not in disorder and that Mrs.
Loves hair and clothing was not dis
arranged Immediately after the shoot
ing.
The best evidence the prosecution will
have to offset the struggle theory is that
there are no powder burns in the cloth
ing worn by Mrs. Lowe when she was
shot. There are three holes in the coat
and vest supposed to have been worn by
Lowe but there are no powder burns.
If struggle ensued and Mrs Lowe
was trying to Wrest the revolver from
her husband it would seem that there
would be powder burns on Mrs. Loves
clothing
The theory Of the prosecution that
Lowe shot his wife and then shot him
self viii be met by the defense with the
circumstantial evidence to prove shat
the first shot of the three heard by wit
nesses was followed by two shots closer
together. supposedly the two shots
which struck Mrs Lowe. On this the
ory the first shot was the one which
wounded Lowe. After the tragedy Lowe
had the smoking revolver in his hand
when seen by Smith the first witness on
the scene. The blood stains and direc-
tion of tn bullet wounds and the bullet
holes in Loves clothing ana in the
furniture VIII be also used as evidence
to prove this theory
Last suranler. while Lowe was out on