The Bottineau pioneer. (Bottineau, N.D.) 1885-1895, 1889-07-04
Verdict Of Guilty Returned in the
Combs Murder Trial at Roch-
ester, MINI. -.

euo AoSo uASu FeIeFsOn COntradlCts
his statement made t. Dr.. Collins last
April about Combs having been injured bv
falling from a scaffold, and that Dates state.
ment is partially corroborated Ivy 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 a dan
gerous man. An attempt was made to show
by this witness that Date on one occasion
had broken his hand by striking a patient.
and had lied to the doctors about it. On
cross-examination Of Peterson by ATTORNEY
General Clapp, Peterson was badly broken
up and made q poor showing. DR.. Bowers
was recalled, and said Date did not
tell oil of the story at the
time Of the murder, but his story told then
~corroborates with the one he tells now. Mr.
Carver, assistant deputy warden of the Still
water penitentiary, testified to Combs bad
character. For the first haif-hour of the
afternoon session the attention of the court
was occupied in hearing the rebuttal testi-
mony Of the prosecution, showing the repu-
tation OF Date for veracity was good. and
also attacking Beckman's reputation. wit
nesses testifying that they had heard reports
that he had abused his parents. The prose-
cut1on Then rested. Attorney General Clapp,
In an
ELOQUENT D TO THE JURY,
summed up on the part of the prosecution.
He dwell 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. I'VE admit" he said,
~that he was u vicious and dangerous man,
liable to do violent acts, md the asylum is
there for the reception, of Just such unfort-
uuates, 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 a 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 tho
very cause of their being placed there then
is it 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 IN their side. for they had the
states prison staring them in the fsce. Mr..
Wilson, attorney for the defendants. then
made thec closing address in their behalf. He
said that the story of Date was not credible
ON account of it's
- : IMPROBABLE BRUTALITY,
and that, although his clients might not
nave displayed that amount of skill and
good Judgment which a 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 1t is generally conceded to be an unusu-
ally able document The nature OF the
charge wal explained to the jury, and they
were instructed that before they can convict
they must be satisfied of the defend
ants guilt beyond q 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, II 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 have been The injuries
inflicted upon him by the defendants; that ii
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 n such injuries
were 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
struoted, among other matters. substantially
as follows: It is claimed on the part OF the
defense that the death of Combs was the re-
rult OF accident or mis~adventure while they
were attempting to place him in the NUTS
others, and that they used no more force
than was reasonably necessary or proper Tor
that purpose. To enable you to consider this
claim uderstandingly 1t is necessary for you
to be advised of the legal rights, duties and
OF those having the custody OF
ruardianship of those in charge of
our hospitals for restraint and treatment,
ond while there thew are to be treated by
ehnsa IN charge of them as insane and not
.ssssnonsihle for their ncts It Ia to be remem-
harpd thot the minds Of these patients are
hhscnre. their reason gone. To them their
dearest friends often are their deadliest enc
aa.es, I'M an oMfrare mon their personal liber-
s ~ ~ Oh their nasoxjsms of rage they must OF
s}ern necessity be restrained BY physical
sosra Which tIose in charge OF them have a
ieao1I rieht' to use. While this is 40, yet those
who voluntarily take upon themselves Ives the n
omu,"s or the insane are bound 10 use mod /
o sa,,an and discretion, They may not legally