The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-12-10

the defense was excused.
NJ. Raffert was called. He had
formed an opinion and was excused.
c. R. Trapp was called He had
formed an opinion and was excused
David Hercules was called He was
examined and passed. On the tenth
right of challenge the defense waived. |
On the sixth and last right of chal-
lenge for the prosecution j. G. Hewitt
was excused.
Andrew Murdock was called, exam |
On the eleventh right of challenge
the defense excused NJ. Snattinger-
John w. Edmonds was called. He
was examined and passed.
On the twelfth and last right of chal-
lenge the defense excused Edmonds.'
George Heap was called. He had
read of the case and heard part of the
former trial and had formed an opin-
ion He was excused.
o. Purdy was called. He had formed
an ooinion and was excused.
John Boyer was called. He said he
had lived in Shawnee county AZ years.
murder trial before. He had formed
no opinion and was accepted. The jury
was secured at 11:45 o'clock and was
sworn to try the case.
The jury secured is as follows: An
drew Brown, Philip Christman, Sill
Morrow, F. A Kiene, H. E. Goodell,
Frank A. Smurr, VIM. B. Apen, Ed
ward H. Williams, Frank VanVleck,
David Hercules, Andrew Murdock
John Boyer.
The court took a recess until 1:so
O'Clock when the prosecution will be-
gin the introduction of testimony.
CASE IS OPENED.
| AT 1:30 o'clock the trial was resumed.
Galen Nichols made the statement to
the jury for the prosecution. He re-
cited the occurrence of the shooting of
Mrs. Fanny Lowe at the Reform school.
He announced thet the prosecution
would attempt to prove that the shots
We're fired from a revolver in the hands
of Mr.. Lowe. Judge $. H. Allen adj
dressed the jury for the defense. He
said the defense would admit the shoot
ing but would claim that Lowe did not
know what happened except that he
was shot. Mr. Lowe in fit of terl
porary insanity attempted to take his
own life," said Judge Allen. That was
when he was shot in the head. While
| he was unconscious or daZed from the
wound and from the fit of insanity Mrs.
Lowe tried to take the revolver from
him and was shot The wounds will
prove this. The evidence will confirm
that Mr.. Lowe was shot first"
while at the State Normal school
in 1891 ]. c. Lowe had an attack of
grip which affected his mind" said
Judge Allen. ''At that time he was de-
spondent and expressed a desire to die.
He was treated and became better. He
had another attack of despondencv in
1892 He imagined things unreal.
I Physicians say it was melancholia,
form of insanity In 1893 Mr.. Lowe
went to Fort Scott and took lessons in
elocution: while there one of these
spells came on him. He has always
shown suicidal tendencies during most
of these spells. In 1894 he had another
spell of this character. He has not
been continually out of his mind. Be
tween spells he has had less severe
spells of SleepleSSness. In 1895 he was
married to Fanny Stansbury. The
| evidence will show that they were de-
voted to one another. andwere especial
1y affectionate.
From 1896 to 1899 ne was much better.
He was elected county superintendent of
Linn county in 1894 and served two years.
| While he was teaching school Mrs. Lowe
! told Crandell Lowe that j. c. Lowe was
threatening to kill himself He thought
the world had conspired against him.
Mr.. Lowe, the father had two guests
in his house. He took one away and
took the loads out of the revolver. J.
G. Lowe came to the house, put the re-
\ volver to his breast and pulled the
trigger intending to commit suicide. A
short time before this sad occurrence
| Mr.. loves duties at the reform school
were increased and his old malady re-
| turned. He went to DIR. Mum for treat
ment and DR.. Mum found that he was
| inflicted with melancholia.
| 1T will appear that for several weeks
before this occurrence that Lowe
thought that the world was against
| him. Subsequent to this trial he at
lSInplcO 10 take his lie ana was 1OunQ
lying face down unconscious in an oat
bin on his fathers place. When the
jury at the first trial brought in YER
dict of guilty of murder in the second
degree he rushed up and thanked the
jurymen for what they had done. Be
fore that trial he jumped intoaa pool
OF water and was rescued. One night
he wandered away a distance of IL
miles clad only in an undershirt. His
delusions have at all times tended to
suicide. He has made no effort to hurt
any one else
Sitting behind the attorneys for the
prosecution at the afternoon session of
the court was Mr.. Ira Campbell of
Prescott, Kansas, and Zeke Campbell,
of Mound City, cousins of Mrs. Fanny
Lowe, and Mr.. Owen Stausbury and
| Mr.. NJ. Stansbury, Mound City, both
uncleS of Mrs. Lowe.
County Attorney Hungate brought
into the court room the clothing worn
by Mrs. Lowe when she was shot. He
piled the clothing on the table in front
of Lowe. He glanced at them without
changing his expression. The revolver
from which the bullets were fired was
also placed in the table. Lowe took no
special notice of it.