New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1889-07-03
THEY ! ] 4 ARE GUILTY
Verdict of Guilty Returned in the
Combs Murder Trial at Roch-
ester, MINI.


Beckman of manslaughter in the second de-.
degree. They will be sentenced tomorrow
morning.
PROCEEDINGS AT THE TRIAL.
The third day of the Beckman and Peter
son murder trial opened with Edward Peter
son, one of the accused, on the stand. Dates
testimony, in the main, has thus far been
uncontradicted, and this, coupled with
the fact that Peterson contradscts
his statement made to Dr.. Collins last.
April about Combs having been injured by
falling from scaffold, and that Dates state
ment is partially corroborated by Carlson,
an attendant at the hospital, has materially
strengthened the case of the state Peter
son said he had been repeatedly Informed
prior to the murder that Combs was dan
gerous man. An attempt was made to show
by this witness that Date on one occasion
had broken his hand by striking patient,
and had lied to the doctors about it. On
cross-examination of Peterson by Attorney
General ClapD, Peterson was badly broken
up and made poor showing. DR.. Bowers
was recalled, and said Date did not
tell all of the story at NE
time of the murder, but his story told then
4.
Carver, assistant deputy warden of the Still
water peniten,iary, testified to Combs bad
character For the first haif-hour OF the
afternoon session the attic ntion of the court
was occupied in hearing the re outtal testi-
mony of the prosecution, showing the repu-
tation Of Date for veraclty was good, and
also attacking Beckman's reputation, wit
nesses testifying that they had heard reports
h. !, N1,, h
cution then rested. Attorney General Clapp,
in an
ELOQUENT ADDRESS TO THE JURY,
summed up on The part of the prosecution.
He dwelt at length and with scathing criti-
cism upon the plan of the defense, which
was that the defendants were justified in
treating Combs harshly because he was an
incorrigible and dangerous man. frequently
doing violent acts sWe admit" he said,
sthat he was vicious and dangerous man,
liable to do violent acts, and the asylum is
there for the reception Of just such unfort-
unates, and these men were placed in
charge of him because he was liable to do
just such things, and to be murdered by
these very men who had this irresponsible
maniac in charge was crime
doubly heinous. That asylum stands
there, an emblem of the charity and
humanity of the State of Minnesota,
for the benefit Of those distracted people,
and when they do these acts that are the
very cause of their being placed there then
is 1t the intention of the people Of this state
who support the Institution that they are to
be pounded and choked into submission?"
He commented upon the fact that the de-
tense had attacked the testimony of Carlson
and Date, he stating that they had no motive
in lying about the affair, while the Defend
ants had, and the unreliable story was more
| probably on their side, for they had the
states prison staring them in the face. Mr..
| Wilson, attorney for the defendants. then
made the closing address In their behalf He
1 said that the story Of Date was not credible
on account of its
IMPROBABLE BRUTALITY
and that, although his clients might not
have displayed that amount Of skill and
good Judgment which skilled and expert
enced nurse would be expected to possess,
yet they had done the best they knew how
and had committed no crime as their only
intent was to control and subdue the man
| Combs, whom they Justly feared Judge
| Start charged the jury at considerable 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're instructed that before they can convict
they must be satisfied of the defend
ants guilt beyond reasonable doubt,
which explained to them that there
Were two general questions in the case.
First, was Taylor Combs death caused by
| reason of injuries inflicted upon them by
the defendants substantially as alleged in
the Indictment? Second, if so, were the de-
PENDANTS legally justified in using the force
upon Combs which they did use Upon the
first question they were instructed that in
order to convict, the proximate cause of
Combs death must Lave been the Injuries
| inflicted upon him by the defendants; that il
his death was due to an accident they must
acquit. But if they found that Combs
would not have died at the time he did die.
except for the injuries he received at the
| hands OF the defendants and such injuries
We're intentionally inflicted, his death was
not due to an accident, but the force used
upon him was the proximate
CAUSE OF HIS DEATH
| Upon the second question they were in
structed, among other matters. substantially
as follows: 1t is claimed on the part OF the
defense that the death of Combs was the re-
ruit or accident or misadventure while they
were attempting to place him in the muffs
| to prevent him from injuring himself or
| Others, and that they used no more force
than was reasonably necessary or proper for
tha5 purpose. To enable you to consider this
claim uderstandingly it is necessary for YOU
Co be advised of the legal rights, duties and
obligations of those having the custody of
the insane wards of the state in our hos
pitfalls. The state places them under the
guardianship of those in charge Of
our hospitals for restraint and treatment,
and while there they are to be treated bv
| those in charge OF them as insane and not
responsible for theirlac It is to be remem
bered that the minds of these patients are
obscure; their reason gone To them their
dearest fri ends often are their deadliest enc
mics, and their necessary and reasonable re-
straint an outrage upon their personal l1ber-
| tv. To their paroxisms of rage they must of
stern necessity be restrained by physical
force, which those in charge of them have
| legal right to use. While this is so, yet those
who voluntarily take upon themselves the
onorous exacting and responsible duty of
caring for the Insane are bound TO use mod
ke1ation and discretion. They may not legally
L or h1of