The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-11-29
TELLS OWN STORY
Attorney Mcdaniel Takes the
Stand in Own Defense.
DecOyed From Home by FAKE
Telephone Call.
DUEL WITH ASSASSIN IN DARK
Rushing Into House Finds W1fe
in Pool of Blood.
His Prosecutor, Lockwood, Once
His Political Opponent.
DUEL WITH ASSASSIN IN DARK

st. Joe, No. Nov. 29.-Prosecutor
Oscar Mcdaniel took the witness stand
in the criminal court here today to
defend himself of the charge of hav-
ing murdered Mrs. Harriet Moss Nc
Daniel his wife.
Before a crowd that jammed the
little Buchanan county court room,
the accused man. his composure ap-
parentIy unbroken, told his version OF
the crime in low, even tones.
His testimony, attorneys said, prob
ably would end the case presented in
his defense.
Mrs Mary Dent was called as the
first defense witness this morning. She
testified briefly concerning an alleged
conversation with Mrs. Wilhelmina
Hermann. states witness. IN which
Mrs. Hermann was declared to have
said she had not recognized Mrs. Nc
Daniel scream.
Miss Maude Mcdaniel, a teacher in
the Kansas State Normal school OF
Emporia, Kan, and sister of the ac-
cused man, testified concerning the
congeniality of Mr.. and Mrs. Mcdaniel.
They always seemed to be hap
py?" she was asked.
yes" Miss Mcdaniel replied.
Father Follows Sister on Stand.
sister of the dead woman and states
witness, had said shortly after the
murder, The tragedy occurred be-
cause Oscar had been such a conscien-
tious prosecutor"
Miss Moss also was quoted as hav-
ing said her sister did not worry
about the future" and that oscar had
done so many nice things for Har-
riet."
The accused man followed his aged
father, d. L. Mcdaniel. and his two
sisters, all of whom had testified that
he and his wife had been happily mar
ried. He sat with his hands claSped,
in the widst of a tense stiffness.
Mcdaniel. in answer to questions
by Judge C. F. Strop, his senior coun-
sci, said he was 3 Z years old. He spoke
briefly of his early life and then testi-
fled concerning the events the night
of the murder.
Defendant Tells His Story.
'I left home that night about 7:45,"
he said. Il kissed my wife goodbye,
as she sat on the front porch
He went to a lodge room. leaving
about S:45 o'clock because there was
no degree work, he said. Than he
went to Seventeenth and Buchanan
avenue, he testified. describing the
route taken. He left his motor car
and watched a road house to OBJ
serve the "frequenters."
Il would judge 1 was there about
an hour" he said. Then 1 went to
view a place known as the Knuth
place, in performance of my official
duties"
Il watched the place for not more
than half an hour" he said. From
there, l went home"
The routes taken were described
without having looked at my
watch, I should say it was II o'clock
when I got home" he testified. II
went upstairs and talked a few min
utes to my wife. 1 partially undressed
and then the telephone rang about
fifteen minutes after I got home.
Answered Fake Phone Call.
THE party on the phone said: This
is 'Dovey" Hart The substance of
his conversation was that my brother
Charley. was there and he wanted me
to come down before he got in
trouble"
He dressed, he said, and motored to
Hart's saloon. He again described
his route and told of having seen sew
eral persons there.
The bartender said McDaniers
brother had not been there. The ac-
cused man then went to another sa-
loon, he said. He heard then that his
brother might have been at another
saloon and went there to inquire
After that. he said he drove to his
home.
l should judge it was II o'clock or
little later when 1 got home" he
said. He drove his car up TO his gar
age.
'As l got out, a shot rang out from
under a tree to the southeast" he
went on.
Fights Revolver Duel.
I dropped down behind the hood
and returned the fire"
Gould you see anything in the
tree?"
No he answered.
Il began firing simultaneously with
the flashes from the tree until my re-
Nolver was empty. l fired four times
and my judgment is that three or four
were fired from the tree"
He heard footsteps thru the weeds.
ne said. He then entered the house
to obtain another revolver
What did you see and hear in the
houseP"
Il heard gurgling sound az I ran
upstairs he answered. "I went into
my wife's room and found her in
pool of blood, dying"
Police and physicians were sum
Continued on Page Two1