The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-24
WILL ASK The
DEATH PENALTY
FOR M'DANIEL
Expect to Have Jury by
Wednesday or Thursday.
Deputies Guard Doors to Check
Court Room Crowd.
AT DEFENDANTS SIDE
Wealthy Missouri Farmer
Maintains Sons Innocence.
Accused PrOsecutOr-Candi
Gives Up Campaigning.

st. Joseph, Mo-, Oct. 24-When Sc
lection of jurors for the Mcdaniel
murder case was resumed today, it
was apparent from the examination of
talesmen by Attorney General Barker
that the>state intends to ask the death
penalty for the county prosecutor.
The state expects to complete the Sc
lection of a jury by Wednesday or
Thursday and begin the presentation
of evidence then, so that Mcdaniel
may have a verdict before election
day. The accused prosecutor contin-
ues his campaign for reelection.
The special venire from which the
jury will be chosen for the trial of Os-
car D. Mcdaniel, prosecuting attorney
of Buchanan county. who is charged
with the murder of his wife. was more
than half completed here this after
noon, with twenty-three of the neces-
sary forty accepted. Attorneys pre-
dicted that the venire would be com
pleted today and that the peremptory
challenges of the state and defense
reducing the venire to the twelve men
OF the trial jury, would be heard to-
morrow.
McDanicPs Parents Witnesses.
Further details of McDanfePs de-
tense was outlined at the noon ad-
journment of court when Judge c. F.
Strop, senior counsel for the accused
prosecutor, declared he intended to
call Mr.. MCDANIEL, his. father and his
mother to the stand. Defense attor-
neys previously had refused to state
what witnesses would be called when
their side of the case was presented
Judge c. F. Strop, chief counsel for
Mr.. Mcdaniel, said today that as vet
no witnesses had been summoned by
his side and that none probably
would be until the state had COM
DIeted its case
All our witnesses can be obtained
quickly" he said. Much of our de-
fense will consist of course, of cross
examination of the states witnesses -
125 Witnesses for State.
Subpoenas have been issued by the
state for 125 witnesses. Among them
are Mrs. Sarah Moss and Miss Ailene
Moss, mother and sister of the slain
woman. 1t had been understood that
both Mrs. Moss and her daughter be-
Heved in the innocence of the indicted
prosecutor
The selection of the special venire
of forty from which the jury will be
chosen, continued when court recon-
vened.
Have you been approached or
talked to by any one about this case
since you were drawn on the panel ?''
Attorney General Barker questioning
for the state asked prospective jurors
today. No such queries were asked
by him yesterday and, during the first
hours of court this morning no We
nireman was refused because of un-
satisfactory answers to this question.
Pleased With Jury Progress.
st. Joseph, Mo-, Oct 24-Pleased
with their unexpected success yester-
day afternoon when thirteen venire-
men were obtained, attorneys for both
sides, in the trial here of Oscar D.
Mcdaniel, prosecuting attorney of Bu-
n txr f.I7 h fT,a
der of his wife, expected today to COM
picte the list of forty from which will
be chosen the jury.
Only four of the seventeen men ex-
amined by John T. Barker attorney
general of Missouri, heading the pros
eUction, were rejected. Both men de-
clareG last night they expected the
same speed would attend their efforts
today.
The beginning of the hearing, COM
ing after several continuances. brought
large crowds into the court room. Ex-
ira deputies were hastily appointed
by the county sheriff to control the
curious men and women who after
filling all the seats stood in the aisles
ard doors and overflowed inside the
railing before the judges desk.
Defendant Smiling.
Mr.. Mcdaniel sat smiling thruout
the entire day except for a moment
when it was announced that Mr.. Bar
ker had been instructed by Governor
Major to come to the assistance of
Bart NJ. Lockwood, special prosecutor.
He sat beside his father, one of the
wealthiest farmers of Buchanan coun-
ty, while near him were many of his
public associates who have stoutly
maintained his innocence.
The resumption of the trial found
the accused man with his public cam
paJgn for reelection as county prose-
crtor closed and according to his be-
lief resting in the verdict of the jurv.
For almost the first time since he was
released from Jail on bond of $4,000,
he failed to speak at a political meet
ing last night.
Additional lights were ordered
placed in the court room by Judge
Ryan late yesterday to make possible
the holding of night sessions S. that
the trial might be completed before