The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-07-05
IMPROBABLE BRUTALITY,

and that, although his clients might not
have displayed that amount Of skill and
good Judgment which skilled and expert
cnced nurse would be expected to possess,
yet they had done the best they knew how
and had committed no crime, US their only
intent was to control and subduc the man
Combs, whom they justly feared. Judge
Start chaigel thei ury atconsidcrable length,
and It is generally conceded to be an unusu-
ally able document The nature OF the
charge was explained to the jury, and they
we've instructed that before they can convict
they must he satisfied of tho defend
ants guilt beyond re;lsonable doubt,
which explained to them that there
were two general questions in the casc
First, WINS Taylor Combs death caused by
reason of inj uries inflicted upon them by
the defendants substantially us alleged in
the indictment? Second, IL so, wcrp the de-
PENDANTS legally justified in using rhe force
upon Combs which they did use. Upon the
first question they were instructed that in
order to convict, the proxiina!e cause of
Combs death must have been The injuries
inflicted upon him by the defendants; that II
HIS death was due to IN accident. they mus.
acquit But ii they found that Combs
would not have died ut the time BIC did die,
except for the injuries no rcc..ived at the
hands OF the defendants and SUCH injuries
were intentionally inflicted, his death was
not due to an accident, but the force used
upon him was the proXiinatc.
CAUSE or MS DEATH
Upon the SECOND question they were In
structed, among other matters. substantially
as follows: 1t is claimed OH the part Ut tho
defense that the death of Combs was tho re-
rult OF accident or misadventure while they
were attempting to place him LII tho mutfs
to prevent him from injuring himself or
others, and that they used no more force
than whs reasonably necessary Ur proper for
that purpose. To enable you to s;onsi,ier this
claim uhelstandingly it is necessary for you
to be advised OF the legal rights duties and
obligations Of those having the custody of
the insane wards " the state in our hos
gunl dankhip OF those In charge Of
our hospitals for restraint hnd Treatment.
and while there they are to be treated by
those in charge OF them ns insane and not
responsible for their acts 1t is TO be rellem-
ber'd that the minds OF these patients are
obscure; their reason gone. 10 them their
dearest friends often ire their deadlieAt enc
mics, and their necessary and reasonable re-
straint an outrage upOn their personal llber-
ty. To their parOxisEis OF mgo they must of
stern necessity be restrained bv physical
force. which those in Charge of them have a
legal right to use. While this ls no, yet those
who voluntarily take upon themselves the
Onorous exactin. and responsible duty Of
caring for the ihsane nre bound 10 use mod
Grafton and discretion. They may not legally
use unnecessary and unreasonable force or
become angry at any INSULTS or provocations
offered by the patients for they must expect
this; nor in the heat Of pussior use
UNNECESSARY AND BRUTAL. FORCE
upon those committed to their care who are
unable to reason, aud therefore not RESPONSE
Bile for their acts. In this cOyfNectiOn yOu
are instructed as follows: Defendants were
employed, and it was their duty to restrain
and control Combs. and prevent has injuring
Othor patients as well as themselves, and ii
In the effort to maintain order and subdue
the violence OF the deceased they used no
more force lhun might talrly and reasonably
be supposed regulate in tire circum. ;tunccs
they could not DO held criIninally res pons-
BILE for hn accident or an unintendcd tniury.
II they nctcd with reasonable prudence: and
caution :: IN the performance OF their duty
he uso of force or violence upon or toward
the person Of an insane man H. not
unlawful if used by the persons law
fully having him In charge. and be
reasonably nee essary TO prevent such insane
person from committing any act dangerous
to himself or to another. II from the evil
dence you are satisfied that there was rea-
sonablc grounds for the defendants, or either
OF them, to nDpreEend purpose or design
on the part OF Combs then and there to do
them or either OF them some bodily harm,
then they were justified in using against
him such force rnu means hs would appear
to an ordinary. cautious aud reai,onablc man
necessary to prevent such injury to them or
either OF them. Judge start tllen explained
to tho jury the. degrees of murder, man.
slaughter and ASSAULT, i'll which in their judg-
mcnt they might mud them guilty. and lastly
impressed upon them in very fitting Ian
guage the gravity Of the duties that devolvc
upon them.