The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-15
LOWE IS VIOLENT
Trial Of Wife Killer Comes to
Sudden End.
Makes a Scene in Court This
Morning.
ATTACKS BYSTANDERS.
Was Thought Insanity Might Be
Simulated.
Board of Doctors Called to Ex-
anime Prisoner.
FIND HE Is INSANE.
Judge Hazen Accordingly Orders
Case Continued.
Prisoner Will Be Sent to a State
Asylum.

Asylum.
The trial of John C. Lowe came to
an abrupt end in the district court this
afternoon when the committee of three
physicians, appointed by Judge Haztal,
adjGuuced that i'll their opinion Lowe
was suffering rom temporary attack
of insanity.
DR.. W. S. Lindsay made the report to
Judge Hazen.
I'VE had the communication present
ed to US to investigate the mental and
physical condition of this defendant,
said DR.. Lindsay. lowing to the short
time we are handicapped. We think
he is physically able to go to trial but
that he is suffering from temporary
mental alteration
when do you think he would be in
condition to stand trial?" asked Judge
Hazen.
We lid not decide as to that" re-
piled DR.. Lindsay.
What is your individual opinion?"
"On account of the limited informa-
tion I could not say
'In your judgment the defendant is
not in mental condition to go on with
trial?'
mo"
DIR. Grubbs said he concurred with
DR.. Lindsay and thought that Lowe
was suffering from one of his reOccur-
ring spells of insanity.
81 believe this man is temporarily in
sane" said DR.. Grubbs.
'"I concur with the other physicians.
He has shown no illusions or halluci-
nations today.s=I think him, however,
temporarily insane said DR.. Lewis
Each physician gave his testimony
under oath.
1.-THE court under these conditions
must find that the defendant can not
go on with the trial of the case" said
Judge Hazen. 1.-The law contemplateS
that the defendant shall be present at
the trial and able to understand the
proceedings. The court holds that this
is mistrial. and the case will be con-
tinued until next term.
The defendant will remain under the
same bond as before. in the sum of
Il will state to the court said Mr..
Overmyer, that proceedings will be
begun in the probate court to try the
defendant for insanity"
On the way from the court room to
the physicians office to be examined
Lowe was obstreperous and fought with
those who were with him. In the office
he was loud and boisterous and knocked
the furniture around. A policeman was
called to help manage him.
Lowe acted much like drunken man.
He saw Galen Nichols one of the at
torneys prosecuting him. Hello, there's
Nick my old friend Nick" shouted
Lowe.
When the John C. Lowe murder trial
was called in the district court at 9
o clock this morning. S. H. Allen, one
of the attorneys for Lowe, asked that
the jury be dismissed from the court
room while he stated proposition in
the case to the court.
The Jury was sent to the jury room.
Then Judge Allen made his statement
to Judge Hazen. He said: 1.-The de-
fendant in this case during the past "a
hours in particular has been suffering
from severe attacks of his ailments.
Heis not in condition to consult with
us. He is not in condition for trial.
He is here bodily. but not in mind
Il can allow no postponement unless
a legal showing is made said Judge
Hazen. ct seems to me there should
be some formal application to the
COURT
The court might call witnesses be-
fore it to give testimony on the condi-
tion of the defendant" said Mr.. Over
myer.
would cause any great inconvenience
to counsel, as I have not seen him con-
suit with his attorneys during the
trial. said Judge Hazen.
Il make g. motion that the court in
quire into the present condition of this
defendant" said Mr.. Overmyer.
THE motion must be put in writing
and presented to the COURT said Judge
Hazen. The Jury was recalled and ex-
cused for half an hour. At the expira-
alton of the recess loves attorneys
filed with the court a written petition
that a commission of physicians be ap-
pointed to examine Lowe and determ-
inc If he is in fit condition to stand
trial. Judge Hazen then dismissed the
jury until 80 o'clock, and appointed
DIR. ]. P. Lewis, DR.. l. Y. Grubbs and
DR.. 3. D. Eastman as a commission to
examine Lowe. AS Dr. Eastman had
previously been called by the attorneys
for the defense to make an expert ex-
animation of Lowe as to insanity the
the third member of the committee
Lowe and report his condition to the
court at 1;30 O'Clock. Court was ad-
I journed until the report was received
/ c. A. Magaw, one of loves attorneys
said that Lowe became unruly last
night. Il was at the oxford hotel in
consultation with Crandall Lowe, the
father, and the attorneys in the case
When I was about to leave I said
would go and see John. We went to his
room. He jumped out of bed and de-
manded that ht- medicine be given him
His father told him it was not time
| for him to take 1t. John shouted thai
| he would have his medicine and he at.
taxed his f5the3 We had quite a strug
/ gle with him ana could not pacify hin
until he was gwen the medicine"
| Before the trial was called in ths
| court room this morning Lowe made