The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-09-27
Deny Story of Attending Lodge
on Night of Murder.
AT DisOrderly House Later. to
Investigate, He Says.
DETECTIVE BURNS A WITNESS
Empanel Grand Jury Today to
Probe st. Joe Mystery.
Special Prosecutor Fights Move
for Release on Bond.

ST Joseph, Mo-, Sept. 27.-seWhers
was Oscar Mcdaniel between the
hours of S:45 and IL o'clock on the
hlsht OF July Is, when his wife was
murdered ?''
This is the all-important question,
ehe soiutlon OF which was indicated
by the state today as being of suffi-
clent Importance to determine Nc
Danlefs guilt or innocence
detectives hired by the state inti-
mated that they have every move of
the prosecutor between those hours
traced definitely Mcdaniel Claimed
10 nave gone to lodge on that night
ana then to have gone to watch cer-
tam dlsorderIy houses that had been
reported to him. 1t has been estab-
llshed that he was not at lodge and
the state now intimates that he went
nome long before the time he has
stated for his arrival there and that
the Iatal quarrel with his wife then
resulted.
Burns Worked Up Case.
While Mcdaniel claims to remember
distinctly every foot of the route
which he traversed on that night, he
fails to remember anything about any
previous night. This the state claims,
indicates a carefully laid plan by the
prosecutor to cover his tracks on the
night in question. The case will prob
ably go before the grand Jury this
afternoon, but may not be reached
! before late tonight
! Detective w. j Burns, whose
agency worked up the case against the
county prosecutor. arrived here today
and will probably appear before that
body.
Judge Charges Grand Jury
Judge Thomas f. Ryan of the crini-
inal court today charged the special
grand jury called to investigate the
death of Mrs. Oscar d. Mcdaniel. wife
of the prosecuting attorney of Buch-
anasn county who WIS found by her
| husband in dying condition in her
bed on the night of July 10.
Judge Ryan's charge was brief. but
that foul murder had been COM
| nitted in this community and that
| they should spare neither time nor ex-
| pense in their efforts to ascertain who
committed it. that the guilty person
might be punished. He admonished
the jurors to pay no attention to
| rumors or clamor, and to avoid being
influenced.
-It is not incumbent upon the grand
jury to indict," he said. land the body
should proceed with its work with
great caution"
Preliminary Trial This Afternoons.
st. Joseph, Mo, Sept. 27.-Two legal
bodies were summoned here today to
begin consideration of the case of
Oscar D. Mcdaniel, prosecuting attor-
ney of Buchanan county, who is
charged with the murder of his wife.
Indications were that the first of nu-
merous legal skirmishes expected to
mark the progress of the case with
startling developments would take
place over the prisoners announced
. intention of making every effort to
obtain his release on bond. Prelim-
mary hearing of the state warrant on
which Mcdaniel Is held was set for
this afternoon.
Bart NJ. Lockwood, special prose-
cutor announced that at this hearing
he would ask that the prisoner be
certified to the grand jury, which
would operate to deny him bail until
the grand jury had concluded the
deliberations. The grand jury was
| called to convene this morning, with
prospects that the numerous witnesses
subpoenaed by the state would re-
quire at least week to be heard.
Find Another Weapon.
Meanwhile investigation of the muir
der in the Mcdaniel home on the
night of July Is is centered on the
l effort to find the weapon with which
Mrs. Mcdaniel was dubbed to death.
} Counsel for the accused husband
today said they attached much impor-
= tance to the finding of a heavy mallet,
known as a bung starter, in a trash
pile on a vacant lot near the Mcdaniel
residence The prosecuting attorney
committed by burglars or other law
less persons in revenge for his activ-
tiles against them