The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-10-07
DEFENDANT ]. NJ. PETERSON.

The two men are charged with the
death of Amos B. L. Maxwell, a pa
tient at the state insane asylum at To-
peka. which occurred on the morning
of February Is. 1903, in the ward in
which the two men were employed as
attendants. Maxwell is said to have re-
sisted the ward discipline and the two
attendants are alleged to have thrown
him down and trampled him with their
feet A post mortem examination
showed three ribs to have been broken.
one of them in a manner to penetrate
MaxWeHs lungs and to cause an in
ternai hemorrhage. MaxwelTs body
was bruised and discolOred. Maxwell
was a paretic patient from Marshall
county who suffered a sunstrol1e in Au-
gust. 1892.
We have nothing new to disclose in
our defense" said c. 4 Magaw, attor-
ney for the prisoners. when outlining
his defense to the jury. We will ad-
init many of the statements of the
prosecution, but we will endeavor to
show to your satisfaction that the dis
ease to whicE the patient, Mr. Maxwell,
was subject. was wasting one; that
the bone tissue is among the first to be
affected bv il. and that it renders the
bones brittle and susceptible to dam
age We will try to show that these
conditions existed in Mr.. Maxwelrs
case and that his injuries received in
the scuffie with the two attendants re-
suited from his physical condition and
not from the use of undue violence on
their part. 1t is to this theory that we
desire the jury to conform the evidence
which we shall submit
With two or three exceptions the
twelve jurymen are residents of the
city. Among them are j. NJ. Padgett
who has an automobile agency; F. A
Beckstrom, a wall paper dealer; S S.
etice. a grocer at 332 TAILOR street: A
]. August the August Clothing COM
Cole nlf q
Cole. F. A. Kiene is a we'll known
farmer of Mission township Peter
Eberhart is young farmer living thir-
Teen miles southeast. Silas Morrow, H
e. Goodell. Philip Christman and G. H
Hanley are the other members AS two
prisoners are being tried simultaneous
~, Judge Hazen directed that the de-
tense be given tWenty-fOur rights of
challenge and the state six Ex-
Councilman NJ. Snattinger, Councilman
Joseph Ciriiey. B. +. Criswell H O.
Llgoy' George Fladd and F. a. Snow
We're excused from the jury box for
NarouS reasons. Most of them had
formed more or less firm opinions re-
Eafding the guilt of the two prisoners
Ihe form of examination by the two
ing questions.
Examination by Assistant County At
torney W. l. Jamison:
Have you ever had any friends or
relatives in confinement in an insane
asylum 2''
Have you any friends or relative.
who are employed in the insane asylum
or any other state institution ~
Would you be preiudiced in favor of
either of these defendants because they
are young men?a
Would you be prejudiced in favo1. OF
these defendants because they are en-
ployed in a state institution S'-
Examination by Attorney Magaw for
the defense:
Are you acquainted with DR. Riddle
or with any of the employees at the To-
peka insane asylum 2'
Did you ever have any relatives or.
friends in an insane asylum 2''
Are you familiar with the methods
OF the management of insane asylunns9 .,
There was nothing in the examination
OF the iurymen to give to the listener
any inkling of the probable line of de-
Tense to be chosen. The defense used III,
eight of its challenges While the state
used five. Five more jurynen were ex-
cused by the court. having formed
opinions about the case
When. after an hour and a half the
jury which was to try the case was
sworn for its duty the court ordered a
snort recess. Assistant County Attorney
j. k McNary stated the case for the
prosecution County Attorney Hungate.
having served as an attorney for the
TWO defendants at the time of the death
or maxwell, he having not then entered
tne once of county attorney is nor
eligible to try the case for the state
Inc prosecution is being led by Assist
ant attorney General J. F Close Mr.
Close represents the state in the prose-
eutlon, the death of Maxwell having oc=
CURED while in confinement in a state
Institution.
MI. MeNary said: The evidence