Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-12
EAGAN AND D.iLT.
Judge Flint Orders Their Dischsrge-FuG
Text OF the Opinion, Giying the Reasons


Judge Flint Orders Their Dischgrse-FuG
Text OF the Opinion, Giying tho Reasons
Therefor.
! A favorable decision was rendered by
dismiss in the case Of the State against Pat
rick Eagan and Michael DAILY, charged with
being accessories to the death of John W..
Voorhees,, who is supposed to have died from
valvular disease of the heart alleged to have
been aggravated by an assault committed on
the 31st day of last August. The cage was
one which entirely hinged upon the testi-
! was of the most conflicting and uncertain
character. Having carefully canvassed the
testimony, Judge Flint became convinced
that whatever connection the defendants
might have had in superinducing the death
| of Voorhees,, the testimony was not of o
character to warrant conviction, and in con-
sideration of this view of the case the de-
PENDANTS we're discharged.
| The character of both defendants have
hitherto stood high in the community, and
both men are of reputable families. 1t is to
be hoped that since their skirts have been
cleaned of the grave crime laid at their door
they will endeavor by their future conduct
| to profit by the severe lesson, and that the
course of action which led to the unfortu-
nate arrest will never be repeated. The op-
portunity is now offered for both men to
substantiate by their future good works the
confidence and trust reposed in them by
their many friends.
Following is the full text of Judge Flint's
| decision:
First-The court haling tried defendants for
the assault which he considered brutal and un-
| justifsble, inflicted upon them q severe penal
| ty, and for fear that he might be prejudiced
against defe nda1ts. at first refused to act in
the hearing of this case for manslaughter, but
defendants counsel insisting that he should
| hear the examination hs reluctantly consented
to hear the case.
Secona-Vorhees was beaten by defendants
on August 81, 1879. he died February 8, 1880,
five months after the beating.
DR.. Fisher treated the deceased from Dsce m
Der Is, 1879, to January 1, 1880. Found he had
valvular disease of the heart. Said that under
his treatment he was relieved and improving
| and is of opinion that he would now be alive
had he continued under his treatment. He
says that he was liable to die at any moment.
That three or four days before h6 decease he
attended him and found him much worse, and
| that the beating in August would not, in his
found him. Deceased related to him the ex-
posure he suffered at Orookston and the cold
he there contracted, and that that in connec-
ton with the disease from which he was suffer-
ing aggravated the disease and caused his
death.
DR.. Owens describes progress OF the disease,
weight of heart, aud what he discovered at the
post mortem examination; says the man died of
heart disease, and that the beating might, and
he thinks would, aggravate the disease. That
from the evidence given he would not prescribe
for him without personal examination.
| DR.. Dewey thinks the beating would aggra-
vate the disease. Yet he states that he thinks
the beating had not much to do with his death.
Thinks it caused by his cold and exposure at
| Crookston in connection with disease from
which he was suffering.
| DR.. Stone was called and found be had heart
disease and turned him over to another ply
sician without prescribing for him.
| Dr.Jones visited him December 20, found
| he had heart disease, treated him to January
II. He thinks the assault would and did ag-
gravate the disease. On his cross-examination
| he said the man died from valvular disease of
| the heart.
| DR.. Leasure practised for forty years. Says
| the beating might aggravate the disease, etc.
Taking into consideration all the evidence
| not find that the crime charged against the de-
| PENDANTS was committed as alleged in the COM
plant. The court must find that the offense
has been committed and that there is probable
cause to believe these defendants committed|it.
l cannot find from the evidence that the Offense
has been committed as alleged in the COM
plant, or that the beating caused or accelerat.
| ed the death of the deceased. The coroner at
first refused to verify the complaint, as he could
not say.the beating accelerated the death, but
| finally did sign and verify this version and
am well satisfied that should an indictment be
found against defendants, they
could not be convicted thereon
If am wrong in my opinion the worthy attor
Dey for the State, who has so ably conducted
this examination, should he find further evil
dence or not can bring the matter before the
grand jury, but cannot sacrifice my own COZ
victions of right to the injury of the rights OF
Others or deprive any one of his liberty without
sufficient evidence. 1 do therefore grant the
defendants motion and dismiss the case, hop
ing that this will be a lasting warning to the
defendants never again to use personal violence
on any person except in self defense, where
such violence is necessary for their protection
from great personal injury, which could moi
| otherwise be avoided.