The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-18
State Hesitates at Last Hour,
Awaiting Witnesses.
ALLEGES POLITICAL -FRAMEUP
Attorney Up for Reelection,
Charged With Wife Staying.
Most Battling and Sensational
Case in City's History.

st. Joseph. Oct. 1s.-Juage Ryan
to quash the indictment against Nc
Danial and soon afterward a recess
until $50 a. m. tomorrow was taken.
1t will not be known until then
whether the trial is to proceed or be
continued. One or two of the states
most important witnesses are said to
be ill and Special Prosecutor Lock-
wood probably will fight for con-
tinuance.
ST. Joseph, Mo-, Oct. 1S.-The first
delay in the trial of Oscar d. McDan-
iel, prosecuting attorney, charged with
the murder of his wife. resulted when
attorneys for the defense moved to
quash the indictment charging that
the grand jury acted illegally in ap-
pointing Bart M. Lockwood, special
prosecutor. Lockwood asked for a
forty-eight hour continuance to an
Ryan granted a continuance to 1870
this afternoon, adjourning court at
1880 a. m.
Mcdaniel declared he was ready for
trial and had been since the indict-
ment was returned.
One hundred and sixteen witnesses
have been summoned and were pres
ent. Ninety-one of the 1875 veniremen
had been summoned Of this number
eight were excused, one because he
was past 65, others because of sick
ness in their families.
Veniremen Dodge Summons?
| Despite the fact that he was to &c
on trial for his life this morning, Nc
| Daniel was at Woodbine last night al
a political meeting. The trial will not
interfere with his campaign, his at
torneys said.
The sheriff was instructed to try to
summon the. remainder of the We
niremen by 1880 O'Clock today. Lock
wood, who went into the trial alone
| for the state said he was unable tC
say yet whether he will announce him.
self ready for trial.
1t is reported many persons left
town when they learned their names
were on the venire list.
ST. Joseph, Mo-, Oct. 1S.-To witness
| the opening of the trial of Oscar D
Mcdaniel, prosecuting attorney OF Bu-
| chanan county, charged with the muir
| der of his wife, hundreds of persons
| blocked the Railways to the crimina
! court chamber early this morning II
an effort to gain admission.
| Mcdaniel announced himself ready
to face jury, but almost up until the
| moment the case was called 1t remain
| ed uncertain whether or not the state
| would consent to open the hearing.
| Bart M Lockwood, special prose
! cutor in charge of the case, said tbs
! success of the sheriff in serving sub
poenaS on witnesses would determine
his course. There are several score
of these, including society women an(
| business men, telephone girls, politi
clans, physicians and persons in man,
other walks of life.
Slain Woman Prominent Socially.
The murder of Mrs. Harriet Mos
Mcdaniel. the daughter of fam
lily socially prominent, was one Of th'
most notable crimes that has occurred
in Missouri for many years. Battling
to the police and detectives, fraugh
| with numerous clews, but none o
which pointed strongly to the murder
er, and stirring St Joseph as it sci
dom has been, the case reached it
| climax when Oscar D. Mcdaniel, tn
dead womans husband, went to tria
| in the criminal court here today unde
a grand jury indictment that charge'
him with the killing.
Mrs. Mcdaniel was attacked an,
beaten as she lay asleep in her hom
here the night of Friday, July IA. Sh,
died in a hospital few hours after
wards without having regained con
sciousness. Two of her three childrel
t-one years old and the other g.
were asleep in a room adjoining thei
mOtherS 8 Dut were undlSturbeQ.
History of Murder.
Prosecutor Mcdaniel had been call
ed away from home on a fake tele
phone call, purporting to come from
his brother in an uptown saloon, ac
cording to the accused mans versio
of the murder. AS he returned h
was met by one or more of the sup
posed murderers and, in the darknes
outside of his home, engaged in a re
volver duel with them.
| The deed at once was placed at tn
door of men who had been prosecute
by Mcdaniel and who had sworn ven
geance against him in numerous let
ters received by him shortly befor
fContinued on Page Two.I