The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-13
st. Joe Prosecutor Alleged to
Have Slain His Wife.
Defeated by Voters, He Now
Seeks VindicatiOn by Jury.
Prosecuted BY GOSSIPS
Attorneys Defense Is Detec-
tives Circulated FaIsehOOds.
Attorney General Who Stopped
Former Trial Is on Job.

St. Joe, Mo-. Nov ia second at
tempt to qualify a jury to try Oscar
ID. Mcdaniel, prosecuting attorney of
this county on the charge of murder
ing his wife, began in the criminal
court today. At nocn five veniremeh
had been accepted.
b John f. Barker. attorney general
who is in charge OF the states case,
filed an affidavit of prejudice against
Sheriff c. S Johns and Coroner L. r.
Lynch, and asked for the appoint of
JElisors to have charge of the venire-
men and jurors pending the trial Evil
dence was heard on the motion and it
Mas overruled.
= Attorney Barker produced affidav-
SIS of prejudice against the sheriff
and coroner. alleging they were
Friendly to the defense. After the
Feniremen had oeen excused from the
room Sheriff Jones was called to the
stand. He admitted that while Nc
Daniel was in Jail he had been given
The keys to the front door.
81 Trial Halted Three Weeks Ago.
st. Joseph. Mo, Nov. 13.-Oscar D.
Mcdaniel prosecuting attorney of
Buchanan county, must answer today
the charge of having murdered his
wife, Mrs Harriet Moss Mcdaniel.
His trial halted three weeks ago by
allegations that an unfair jury venire
.sumed before Judge Thomas F. Ryan
in the criminal court here this MORN
ing and indications were that it would
be pushed TO a conclusion without
Further continuance.
Attorney General John T. Barker,
who heads the prosecution, arrived in
st. Joe yesterday and has announced
himself ready to proceed. The indict-
ed prosecutor, beaten by a large vote
last Tuesday in his race for re-elec-
4 10 -i,Nrrs- for q
decision and Judge Ryan has sum-
moned a venire of prospective jurors
and ordered all witnesses to appear in
court today. st. Joseph believes to-
day the trial will go ahead and a
Verdict obtained.
s Mr.. Mcdaniel will face the trial to-
day a vanquished man, politically.
Last week his party the Democratic,
carried s.. Joe and Buchanan county
but the r-0secutor. after having
made a strenuous campaign in which
he discussed the charges against him
in practically every precinct of the
count. ran several thousand behind
his ticket and his successful opponent
had votes to spare.
Exit, Politics.
1t was due to an alleged interview
this trial" Attorney General Barker
said last night. THAT may enable us
10 obtain additional witnesses"
II was due to an alleged Interview
with Mr.. Barker. printed in a local
paper. that the trial was halted when
first called before Judge Ryan. The
INTERVIEW quoted the attorney general
as having said the state had been
1rjobbed" in the selection of the jury
Nenire. Judge Ryan ruled that it
should not proceed and appointed a
,commission of attorneys to investigate
The charges. Its report, made short
~ afterward. was that the panel had
been fairly drawn.
- verdict thus became impossible
before the election. Mr.. McDaniels,
frustrated in his expressed desire to
have a jury decision before last Tues
day, then arranged mass meeting at
a local theater to present his case. 1t
drew a large crowd that jammed all
available seating and standing room.
The prosecutor talked at length telling