The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1916-10-23
Women Crowd Court When
Hearing Convenes Today.
STATE AGAIN CAUSES DELAY
Call 125 witnesses to Testify
Against Mcdaniel.
Doubt if Case Can Be COmpiet-
ed by Election Day.

L.
D. Mcdaniel. prosecuting attorney of
Buchanan county, charged with the
murder of his wife, was gotten under
way in the criminal court here this
afternoon. The selection of the jury
was begun before Judge Thomas F.
Ryan at once.
Shortly after the trial was opened,
L. A Worries and Judge r. E. Culver,
attorneys, who had volunteered to AID
Mr.. Lockwood in the prosecution, an
nounced they had withdrawn from the
states side of the trial. Mr.. Worries
declared to Judge Ryan that he anC
Judge Culver had offered their serv
ices because Mr.. Lockwood had been
handling the case without assistance.
Their withdrawal left only Mr. Barker
and Mr.. Lockwood on the prosecu-
tons side of the table.
ST Joe, Mo-, Oct. 23.-John T. Bark
er, attorney general of Missouri, in
structed by Governor Major to aid. in
the trial of Oscar D. Mcdaniel prose-
cutting attorney of Buchanan county,
charged with the murder of his wife,
obtained a continuance until this aft
ernoon when the case against Prose-
cutor Mcdaniel was resumed before
Judge Thomas F. Ryan in the criminal
court here this morning.
Judge Ryan, in granting the con-
tinuance indicated that no more con-
tinuances would be granted and that
the trial would go ahead promptly
this afternoon. The continuance was
strongly protested by attorneys for
Mcdaniel.
Hard to Find Witnesses.
A postponement was anticipated to-
day in view of the failure of Bart NJ.
Lockwood, special prosecutor, to an
nounce whether several states wit
1@<, @I.%a
Attorneys for the defense were expect
ed to insist upon going ahead, as Mr..
Mcdaniel, is a candidate for re-elec-
ton and has stated he wishes to have
jury decision before the November
election.
Judge Thomas F. Ryan before whom
the case will be tried, announced that
if necessary night sessions will be held
and that every effort would be made
to expedite the trial. Mr.. Mcdaniel,
despite the coming trial has not dis
continued his campaign. Practically
every night since he was released on
bond of $4,000, he has addressed
political gatherings
The case when called last week, was
put over until today because several
and to give several new attorneys for
the state time to become familiar with
it.
Complete Surprise to Defense.
The entry of Attorney General
Barker into the case was a complete
surprise to the defense as they had
I had no intimation even of his presence
| in st. Joseph. Mcdaniel, who had en-
tered the crowded court room smiling
few minutes before Mr.. Barker's ap-
pearance, met the announcement with
a frown. His attorneys jumped to
their feet when the attorney general
asked Judge Ryan for permission to
speak.
Il have been asked by the governor
to aid in the prosecution of this case, -
the attorney said asking a continuance
/ until / O'Clock in order to confer with
/ Bart M Lockwood. special prosecutor.
What assurances have we that this
trial will not be continued indefinite
ly?" Judge C. F. Strop, head of the
| defense, demanded.
| I'VE are ready to go to trial.
You may be assured there will be
no further continuance" Judge Ryan
, replied.
The resumption of the trial. follow
ing the postponement granted last
week at the request of the state was
| greeted by crowded court room. the
I number of women present being al
most as great as that of the men. The
case has attracted the widest atten-
ton in st. Joe and this county, prom
Using. as 1t does. unlimited dramatic
thrills
Will Be Long Trial.
Mr.. Lockwood announced TODAY
that the state would subpoena about
/ 125 witnesses and as a result ii was
considered doubtful that a verdict
could be reached before the November
election. when the accused prosecutor
comes up for reelection. The selec-
ton of the jury. which will be start
ed this afternoon. is thought to prom
Use a long time. Mr.. Mcdaniel is be-
ing aided in his defense by several
deputies from the prosecutors office
Attorneys for the defense follow
ing the short court session, announced
they would ask this afternoon that
L. A Worries and Judge r. E. Culver
volunteers for the state. be dismissed
in view of Mr.. Barker's appearance.
81 think it only right and fair that
Mr.. Barker get into the case" Nc
Daniel said to newspaper men follow
ing adjournment.
Il requested him to come into the
case at the start. and 1 believe hf
should be in it at the close"
nAF LugEEn FnIIn HINT