The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-15
STATE CALLS 100
! WITNESSES FOR
! MCDANIEL TRIAL
Prosecution Estimates Eight
Days to Present Case.
Attorney Admits No Death
Weapon Has Been Found.
MORBID CURIOSITY WAVES
MORBID CURIOSITY WAVES
Crowd in Court Room Smaller
Than at First Trial.
Defendant, County Attorney,
POstpOnes Murder Trials.

. st. Joseph, No, Nov. 15.-The spe-
cial venire of fortv out OF which will
come the jury to try Oscar ID. Nc
Daniel on the charge of having muir
dered his wife may be completed in
the criminal court here today That
prediction based upon the progress
imade in the selection of twenty-seven
iveniremen yesterday and Monday 5as
expressed by attorneys for the state
and defense as court reconvened to-
day. Peremptory challenges and the
opening arguments are expected o.
morrow, # the special venire is COM
pleted today and Friday the trial will
I=obably swing into the presentatloa
of the states case against the accused
prosecuting attorney.
John T. Barker, attorney general
and head of the prosecution, estimat-
ed yesterday that presentation or ms
evidence would require seven or elght
days More than 100 witnesses have
been subpoenaed by the state. The
defense has not vet summoned its wit
nesses and according to intentions,
will not do so until the prosecution
has presented its Sioe.
Blood Is Only Rust.
ct expect our defense will consist
largely of character Witnesses, Judge
Porter, who is aiding Judge c. F. Strop
I'VE shall base it principally upon evil
dence adduced by the state"
Much speculation has been eVlnced
here concerning what the prosecution
hopes to show regarding the weapon
alleged to have been used in the muir
der of Mrs. Mcdaniel. The grand jury
Indictment of the prosecutor set forth
that an unknown blunt instrument was
used in crushing the slain woman s
skull. Newspaper stories have made
much of the finding near the Mcdaniel
home of what was said to be a blood
stained steel bar that probably was
part of an automobile wind shield. 1t
was heralded as the death weapon.
The state, however, does not plan so
to call it. 81 think the blood stains
We're rust Attorney General Barker
said in discussing it. 1T will not enter
into our case" No other indications
of the finding of the possible weapon
have been forthcoming.
Subj $50 Divorce as Witness.
With the second day of court came
the de- laration by attorneys that Mrs.
Dagmar Crueker, divorced wife OF
ST. Joseph business man, had recov-
sered from her recent illness and had
been subpoenaed by the state. She
was confined % a local hospital three
weeks ago when the trial first was
started and statements were made in
court that she might be unable to 90
tend. The present session of the trial
has not. been attended by the presence
of such crowds as marked it's few days
three weeks ago. Then every seat was
taken and curious persons stood
wherever standing room was avail
able. But yesterday and Monday only
a few of the seats were occupied and
the crowd was such as might have at
tended the most ordinary court pro-
ceedings.
Mr. Mcdaniel, himself an attorney,
is one of the hardest workers in his
own defense AS he sat in the court
room yesterday he continually made
notes of the answers of veniremen and
in every way appeared as a counsellor
aiding in the defense of another per-
son. He has spent all the time he
could muster from his recent political
campaign and his duties as prosecut-
ing attorney in working out the de-
tails of his defense, il was said. His
last appearance in court as county
prosecutor was a week ago, when he
asked Judge Thomas F. Ryan, the
trial Judge before whom his own case
IL being heard, to set ahead nine muir
der trials. Some of these are expected
to be heard before Mr.. McDaniers
term of office expires. January 1.