The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-07-06
Lowe Murder Case Postponed
Today.
Showing Made That Defendant
Is Sick.
NOT TILL SEPTEMBER.
Case Will Come Up at Next
Term.
Accused Man Files an Affidavit
in Case.

The second trial OF John c. Lowe
charged with numbering his wife, Fahny
Lowe, at the Reform school on sunday
June p, 1902. was called this morning
in the district court and was postponed
until the September term.
The attorneys for Lowe sprung sur
prise by filing a petition before the court
asking for a postponement of the case
until cold weather on the ground that
the defendant is not mentally and
physically able to appear for trial.
loves defense at the previous trial
was insanity and the claim is now
made that he feels that he is about to
have one of his spells which render
him unconscious and then violently in
sane. The attorneys claim that he is
not subject to such spells in cold
weather and that if the trial is post
poned until winter he will be able to ap-
pear for trial
The attorneys filed the following aft
davit with the court;
J. c. Lowe, being first duly sworn,
deposes and says that he is the de-
PENDANT in the above entitled action,
that he has done all things in his power
to prepare for the trial of said action
at this time. and is now in attendance
on the court for that puhpOse; but that
he does not feel in a physical and men
tai condition to stand the strain of the
trial at this time; that he has been for
many years subject to occasional spells
of extreme nervousness, sleeplessness,
headache and mental disturbance, at
times resulting in uncOnsclOuSness ard
total incapacity for any exercise of
judgment or mental effort of any kind:
that such spells usually accompany a
arrangement of the stomach and loss
of physical power; that such spells are
usually worse in hot weather and dur
ing the summer: that affiant has not
been in good health for the past month.
having had during that time derange-
ment of the stomach accompanied by
frequent severe headaches. extreme
nervousness and sleeplessness; that said
affiant is now suffering from said all
ment, and is not in a condition to IN
diligently and efficiently attend to his
own defense in this action that attiant
is at this time suffering from headache
and extreme nervousness and experience
ing the symptoms and feelings which
ordinarily precede and lead rapidly up
to condition Of mental incapacity and
Inconsistencies that aft1ant does not
believe that he will be able to endure
the strain and excitement necessarily
incident to the trial of this action at this
time that affiant believes ii this case
be continued to be tried at a cooler sea-
son of the year he Will be enable to en-
dure the strain of the trial and to give
ton as are due to them as to secure jus
tice to himself: that this affidavit is not
made for delay merely, but in order
that the defendant may be enabled to
properly attend to his own defense and
to secure the justice of the law.
Judge Hazen appointed DR.. J. c. Nc
Clintock and DR.. L. Y Grubbs to ex-
anime Lowe. The defendant was taken
to DR.. Grubb's office for the examina-
ton. Lowe was accompanied by his
father. Crandall Lowe, and his attor-
neys, S. II. Allen. Otis s. Allen, David
Overmyer and c. A. Magaw. In an hour
the physicians reported TO the court
that Lowe was not in a physical cond1-
tion to stand trial.
Judge Hazen said: THE defendant
filed application for the continuance OF
his trial on the ground that he is not
in proper physical condition to appear
for trial. DR.. Grubbs and DR.. McClin-
took appointed by the court to examine
the defendant, report that he is not in
proper condition to stand trial. The
order Of the court is that the case be
postponed until the September term anC
that Lowe be placed under So 900 bond.
DR. Grubbs said; Lowe is a SICK
man. His pulse is 100 and he is in g
high state of nervous excitement. We
did not find any particular evidence OF
insanity but physically he IS not able
to stand the trial. He might collapse
at any time. His condition could not bC
feigned."
The postponement of the case is ex-
pensve to Shawnee county. The com
missioners employed ex-County Attor
ney Nichols now of Kansas City, to as
sist County Attorney Hungate in tn,
trial as Nichols is familiar with tn,
case. The fee of the two physicians fol
the expert examination is $25 each. Th'
fifty jurors will receive 81 each for an.
pearing this morning and twenty-fiv,
witnesses will receive the same fee fo
answering their summons.
Town Talk" tells all about the new
towns on the Chicago Great Western
railway. For free copy send to Edwin
=. Magill. Mgr, Townsite Dept, For
Dodge, Ia.
City Ticket ONCE. Union Pacgf,
Railroad. 525 Kansas avenue.