The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1889-06-21
NOT INDICTED.
BOWERS NOT INDICTED.
report OF the Grand Jury Inyestigating the
Rochester lnsane Asylum Murder.

report OF the Grand Jury lnvcstfgatfng the
Rochester Insane Asylum Murder.
ROCHESTER,, Special Telegram, June IL
After II sitting 0f nearlytw weeks the grand
jury has finished the task Of investigating
the hospital horror aud was discharged. The
report deals almost exclusively with the
question of hospital management in general
and the alleged murder of Combs in par
ticular, and is as follows:
We fully examined the institution as to
whether the superintendent, j. +. Bowers. or
any other pcrstn or persons were accessories to
the alleged crime OF Bcckiuan and Peterson, ana
find no evidence tending to show that they were
For This reason no Indictment has been returned
against the superintendent or other persons con-
ncctcd with the management Of that institution.
The law upon the question. as We are advised IS
| contained in section IS Of the Penal Code. which
reads az follows: a person who. after the com
mission OF felony. harbors. cohceals or AIDS the
| offender with intent that he may avoid or "s-
mcnt, having knowledge pr reasonable ground
to believe that such offender Is liable
to arrest. has been arrested. IL indicted
| or convicted or has committed n felony. is
nn accessory to the felony" As We understand
the law, to rcndera I"r>un accessory after the
fact he must harbui. conceal or aid the fclon,
wit Ia intent that he may 80 escape punishment,
and that this intent is absolutely essential to
constitute The CRIME. We were unable to find
any evidences tending IN the slightest degree to
show tiiat the superintendent or any one else
did or omitted anything in relation to the cas..
In question with the intent to assist the accused
to escape punishment w. d0. however, htd,
and the evidence this point seems clear. that
| the supcrint endcnt AMI others connected with
the mana cement Of the hospital did know or
had reasonable cause to believe that the death OF
Taylor Combs was Gaused by the use uf unjHstt-
| fable force used upon HIM by the Two atteiu- :
ants, Becknan and Peterson: hat. kn0wing this
fact, the superintendent and others connected
with the hospital omitted for period Of nearly
two months 10 report he same either to the law
officers of the county or the board 0f trustees:
| that in our ju ,giIlent the superintendent and
ui her officers arc
JUSTLY CENsURABLE
!! for this omission, which wns. in onr opinion. a
grave NEGLECT of duty. While this IL true. We
are satisfied and tho evidence shows bey0nd
reasonable controversy that the superintendent.
in onitting To report the case. acted upon U
conscientious but mistaken scnse OF duty and
In acc riiance with what he believed to be for
the best interests OF the hospital aud the public.
The grand jury cNOneratc Coroner M0sse from
anv Intentional wrong in the Investigation OF
the cause OF the death OF Taylor Combs In re-
gard to the alleged offense OF Coroner MOsse in
changing the record OF his office In the Taylor
Combs case. We lind that the coroner Is not re-
quircd to make II record Of cases when he deems
an inquest unnecessary, but to file his cert ticatG
with The clerk OF the district court that the
death was accidental aud In his opinion no In :
he might make In the case are In the nature Of
| property which he has tho right to change at
his will We say this In Justice to
Coroner Mossc., since the report has gone
oiIcns, in changing the public record. In the
| investigation of this matter We have made q
| personal visit to the hospital and have exam
| incd the records and case book OF the institu-
tiOn We are entirely ati-iici with the general
management Of the hosptol and admire the
| met ludcal. business like aud thorough manner
in which the affairs uf the tnstitution are con.
] Quoted. We feel that great care 10 taken By tht