The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-23
State Wins i'm Bout to Introduce
Startling Testimony.
Local SIeuth Testifies Mrs. Nc
Daniel Had Suspicious.
BLOODHOUNDS IN SEARCH
Defense Scores Point on Course
Dogs Pursued.
Detective Denies He Warned
Attorney of Double Cross.

ST. Joe, Mo, Nov. 2S.-Evidence
which the state maintained would NJ
dicate a motive may be introduced In
part of the trial of Prosecutor Oscar
D. Mcdaniel, charged with the muir
der of Mrs. Harriet Moss MCDANIEL
his wife. Judge Thomas F. Ryan de-
Gliding upon an objection by the de-
fense ruled in favor of the prosecution
in the criminal court here today.
Judge Ryan's ruling, it was explain
ed. would permit the introduction of
testimony showing the alleged do
mestic relations between the accused
man and his wife. No conversational
testimony would be allowed. attorneys
understand, and the state will have TO
prove its contentious by acts OF the
various persons involved.
Attorney General Barker declared
the decision would permit the testl-
mony of Miss Aileene Moss and Mrs.
Sarah Moss, sister and mother OF the
dead woman to be introduced by tne
state The ruling was said by Judge
Ryan to have been probably the most
important legal decision that would De
made during the case. 1t was del1v-
cred in a hushed court room that surg
ed forward but made no demonstre-
ton. Mcdaniel accepted it apparently
without emotion
Following the ruling R. A. Hartley
head of local detective agency was
placed on the stand and instructed to
answer the question propounded to
him yesterday and to which the de-
fense objected. 1t asked what was the
purpose of Mrs Mcdaniel visit to
Hartley's office shortly before she was
murdered.
Went to Employ Detective.
| "She came to my office to employ
me to watch her husband" he replied.
after the defense again had objected.
| The state then ceased its examination
and the witness was given to Judge
/ c. F. Strop, chief defense counsel. He
| obtained an admission from Hartley
that Mrs. Mcdaniel had not employed
him. He also told of having taken
b1oodhounds to the Mcdaniel home
the night of the murder which follow
ed a trail from the house and back
to it. Tracks were discovered beneath
a tree in the yard and another de-
| scribed as being similar, about three
blocks away. The trail was described
by the detective as having led into the
front room of rooming house at
Eighth and Messaine streets and then
into a saloon on the same corner.
ct am satisfied the dogs were fol-
lowing the same trail there that they
picked up under the trees in the Nc
Daniel yard" he said. The trail then,
after leading back to the rooming
house, returned to the Mcdaniel home,
the "high schooP' hill nearby, where
| it was lost.
Denies Tip on Frameup.
1.-The trail, I believe, was fresh
from the home to the rooming house."
he said. 1.-The back trail was cold. 4"
he said, adding that he thought the
latter the older of the two.
Hartley was asked if he had not
said 20 Judge Strop several months
ago that another detective agency en-
! ployed by the state was "likely to
frame on Mcdaniel and that the ac-
cused man should employ him.
NO, sir, made no such statement" ,"
| he declared.
1t was announced Ross Cox, circuit
clerk, friend of the Mcdaniel family,
probably would be the states next
witness.
Defense Protests "Hearsay"
The legality of the testimony
claimed by the defense TO Lave
been of hearsay origin and not
late yesterday and a ruling on it was
reserved until today.
The states hands will be tied un-
less this evidence can be produced -
Attorney General John T. Barker OF
the prosecution declared after saying
the testimony would show Mrs. Nc
Daniel had considered asking a di-
vorce from her husband, knew of GER
tain alleged official misdeeds and had
knowledge that her husband had been
infatuated with others. The argu-
ment concerned directly whether OF
not r. A Hartley. head of a local de-
tective agency, might answer Mr.
Barker's question as to the purpose
of a visit made to Hartley's office by
the murdered woman shortly before
the crime. Indirectly, Mr.. Barker said
in his argument the most important
points of the state yet remaining to
be adduced would be affected and
thrown out of court by a ruling ad-
verse to his side.
Mrs. Hermann's Condition Critical
The state thus far has examined
twenty-seven witnesses Defense attor-
neys. the accused man and mis- reta-
tives expressed themselves yesterday
as feeling that no headway had beer
made by the prosecution. 1t was de
clared by them that the cross-exam-
ination by Judge c. F. Strop and Loui.
Gabbert, Mcdaniel attorneys. ha.
broken down what the state claimed
as some of its strongest points
n Before court convened today, it wa.
said the condition of Mrs. Wiihelnlins
Hermann, who almost collapsed --h.l,
on the witness stand yesterday, wa.
serious. Physicians were at her bed.
side most of the night. it was declare
In the event she is unable to reappea,
4 in court, attorneys said her entire les
timony might be stricken out as tn.
defense was unable to complete il,
cross-examination before she was re-
moved from the court room yesterday
She testified to have heard a scream
CONTINUED on Page Two.)