The Topeka state journal., 1916-10-18
JAM COURT
tcont,nned frou Page one.i

letters he said to a friend, few hours
before his wife was found beaten and
bleeding:
ever since 1 received that letter,
have been carrying a revolver, and L
am especially careful If l do go out
at night never to be alone, ana L am
avoiding all alleys and questionable
places. 1 have even thought or
bodyguard but decided it was not nee
essary."
Calls Indictment Frame-up.
A coroner's Jury was unable to fix
blame but on September "a, Bart M
Lockwood, special prosecutor, former
schoolmate of Mcdaniel and his life-
long friend, basing his action upon the
findings of private detectives, swore
out a warrant charging first degree
murder against Mcdaniel In jail, the
accused man protested his announce.
declared that the action was political
'sframe-up" to injure his campaign
for recollection as county prosecutor,
and that the only result would be the
blackening of his wife's and his own
names.
The testimony Mr.. Lockwood had
uncovered was presented to grand
Jury and, after two weeks of consider
alton, an indictment charging murder
in the first degree was reached. NC
Daniel was released on bail OF S5O,-
OOO fixed at his preliminary, and a
, speedy trial was demanded so that
election"
Heard Mrs. Mcdaniel Scream.
The evidence against Mcdaniel
which resulted in the indictment was
briefed by Mr.. Lockwood, before the
judge who admitted the prosecutor to
bail. as follows:
Testimony has been given the
grand jury that on the night of the
murder a scream was heard coming
from the Mcdaniel home about 1O:45
o'clock at night. That scream was
positively recognized as being the
minutes later, Mcdaniel was seen
coming from his home and running
down the steps of his front porch"
This is in direct variance with Mr..
McDaniels version, which is that the
murder cid not take place until nearly
midnight. He returned home, SO he
says. from a lodge meeting about IL
O'Clock, after having driven around
the city in his motor car. and left fif-
| teen minutes later to answer the fake
call. He came home again about mid
night and, while alighting from his
motor car. was fired upon. The re-
volver duel followed, the prosecutor
shooting from the protection of the
rear of his motor car. After empty
| ing his revolver he ran into the house
police then were called. Two dia-
mond rings had been taken from Mrs
McDaniePs hand and a revolver and
a small amount of money were miss
| ing.
Claims He Got No Phone Call.
The state will attack this story, ac-
cording to Mr.. Lockwood, and. an at
tempt will be made to prove, it is
understood, that the fake telephone
call of which Mcdaniel spoke was not
made. The indications are that his
domestic life will be gone into and the
prosecution will endeavor to prove
| that his relations with Mrs. Mcdaniel
prior to the crime were not OF the
! happiest. Tho accused man has said
i repeatedly that no husband ever was
more congenial and, in this. he has
been supported by many of his closest
friends and neighbors.
The defense, led by Judge C.. r.
Strope, will base it's case, it is thought,
upon the contention that the murder
was committed by an enemy of Mr..
Mcdaniel. In proof of that, a letter
probably will be introduced that was
received by the prosecutor about two
weeks before the murder. 1t was pro-
duced at the coroner's inquest by
Chief of Police william H. Hethering-
ton and follows:
Received Threatening Letter.
Mr.. Mcdaniel:
You have given Jim Barrett five
! spot for job he did not do YOU have
|
a jale sence November and are try
ing to frame on him to send him up
for another long term on the word
of an old Timer. If you don't
throw out the other case and let
Jim have his five by July 12-rIl
reck you and give you the
time yever herd about, if you don't
come through deth hell and dis
truthshun will git you and your fam
lily. 1 men business and don't give
a dam what do. Your last warnen
bewar of the next one if you don't
come through.
Jirn's friend.
The prosecutors innocence of the
| crime has been constantly upheld by
the families of both Mrs. Mcdaniel and
her husband. D. L. Mcdaniel, the
prosecutors father, is wealthy farm
er living ten miles south of st. Joseph.
The slain woman was thirty-five years
old. She was the daughter of Mr.. and
Mrs. Luke H. Moss who live here and
are well known socially.