The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-12-04
Special Prosecutor Calls De-
Tense Evidence Rot.
Children and Parents of Ac-
cused Hear Arrangement.
CLINGS TO SCREAM THEORY
Says Prosecutor Tried to Evade
COrOner's Inquest.
"They've Proven NOthing," Is
McDaniePS Comment.

st. Joe, Dec. 4.-Fearing exposure
that would result from separation
with his wife, Oscar D. Mcdaniel
public prosecutor, murdered Harriet
Moss Mcdaniel. according to the
states opening argument by Bart M
Lockwood, special prosecutor, in the
criminal court here today.
'It is the old. old motive that has
caused wife murders thruout all
time" Lockwood said. Here is a
man of great reputation for honesty
who held high office and social po-
sition. What greater motive could
there be than for man in such a
high position suddenly to see his pin
nacle about to be shattered and his
life exposed because of a threatened
separation with his wife?'
McDaniePs story was characterized
as a "frame-up." The word rot was
used time after time by Lockwood, as
he endeavored to tear down the testi-
mony given by fense witnesses.
The accused man. seated beside his
three children, was not visibly affect
ed. During a morning recess he said
to friends:
come. Nothing has been said or
shown yet that is not compatible with
a theory of innocence"
The accused man was the last of
the actors in the trial to enter the
court room. Other members of his
family, his two smallest children. his
father mother, sisters and brothers
already were in their places behind
the defense counsel when Mcdaniel
entered with Odell, his 12-year-old
son.
Both FamiI;cs There.
Mrs. Sarah Moss, Miss Aileene Moss
and Hayden Moss, mother. sister and
hr0f her of tho slain Ga in
their accustomed seats besides attor-
neys for the prosecution. All seats in
the court room were filled and many
stood wherever room could be found.
AS Judge Ryan began reading the
jury instructions. Marion. the accused
mans 6-year-old, climbed on his faith
er's knees and sat there thruout the
reading. Helen, the S-year-old
daughter. and Odell were on either
side of their grey-haired grandfather.
The instructions set forth that a
conviction either of first or second
degree murder was the only alterna-
tive other than acquittal for the jury
finding. The remainder were con-
sidered by attorneys as routine.
The instruction contained eighteen
provisions and the reading required
almost thirty minutes. Seventeen of
them were objected to by defense
counsel but the objection was over
ruled by Judge Ryan.
Bart NJ. Lockwood, special prosecu-
tor made the opening argument for the
state, beginning at 10 o'clock
1T has been insinuated 7 had utter
ior motives in this case,' he said.
Gentlemen of the jury, that is for you
to determine, but, under the law, it is
no defense.
Lockwood Processes Regret.
mo one in this court room has more
sorrow than 1 have that Oscar Nc
Daniel is charged with the crime.
When 1 came into this case, July 20,
1 did not know Mcdaniel would be
accused.
and Mr.. Gabbert became attorneys for
the defense. Why, I ask you, did this
man obtain attorneys Immediately 1
was appointed special prosecutor?
This de endant is charged with one
of the most horrible and atrocious
crimes ever committed Oscar. how
could you do it? That was the ques-
ton that first entered our minds. But
now it is Oscar. did you do it ?''
Lockwood painted a picture of Nc
Daniels early home Happy,
successful a brilliant man married to
a wonderful woman.
''It seemed that anything he wished
could be his" Lockwood. said. THE
governors chair, a seat in CONGRESS
anything it seemed could be his. Then
something occurred to break up his
ambitions and happiness
"And he says a robber killed his
wife But, gentlemen of the jury.
when Mcdaniel was on the stand, he
failed to mention that single thing
had been stolen"
Attacks McDaniel's Story.
Lockwood attacked McDaniel's story
of the murder night. outlining the
states view of the disposition of fur
niture in the bedroom in which Mrs.
Mcdaniel was slain. He said she had
been killed on the bed altho he quoted
Mcdaniel as having said she was
found on the floor wnen he returned
home about midnight.
WAS it possible for Mcdaniel to
pick up that UNCONSCIOUS form, place
Continued on Page Two)
EAIIC I00PING imp