St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-08-21
JUDGE EGAN REFUSES TO GIVE
HIM HHS LIBERTY AS De-
SIRED. ID
THE COMPLAINT DEFECTIVE,
ARGUED JUDGE CARD IN BE-
HALF OF THE PLAINTIFF.
LOWE.
SPIRITED CoNTRoyER,,sssfy,
Between the Court and the County
Attorney, Full OF Entertain-t
ing Repartee. 9Tfs

The writ of habeas ve1 pus for
Charles R. Lowe, charged with muir
der in the third degree for the death
OF Clara Bergh, for whom he failed
to provide proper medical attend
ance and nursing while she was sick
and under his control in a room at
the Globe hotel, came UP again he
lore Judge Egan yesterday on a new
writ, but Lowe failed to gain his
liberty, though his attorney succeed
ed in getting the court to doubling
as to what should be done in the
case. Judge Egan took the matter
unoer consideration, and promised to
give MS decision tomorrow morning
Ine contention of Judge Card
Loves attorney, was that the com.
plant under which his client is held
is defective. The complaint charges
Lowe with having entered into a con
tract TO care for the girl during her an
preaching Iillness-this was loves
own explanation of how he came to he
In the room with her-and then felon-
eously and willfully failing 10 pro-
vide for her, until she died. judge
cara maintained that the allegations
OF the complaint did not constitute
any offense whatever, and certainly
not murder in the third degree. The
complaint could not be construed TO
charge manslaughter.
Judge Egan asked County Attorney
Butler for his definition of murder in
the third degree and the latter said it
was, according to the statute, a killing
wherein the act endangers the lives of
others.
The court said that there being no
others whose lives were endangered by
the act, he doubted if it could be held
to be murder in the third degree. But
the county attorney held firmly to the
opposite view and insisted that if it
was not murder in the third degree it
was manslaughter, and that a man
might be held for murder who was
only guilty of manslaughter the great
er offense including the lesser.
The court thought that according to
the allegations of fact set up in the
complaint the defendant should have
been charged with murder in the first
or second degree. Ii he was not guilty
of that he was guilty Of nothing He
shut the woman in a room and starved
her to death.
Suppose he did not mean to starve
her to death?" suggested Attorney But
ler
THE intent is governed by the acts,''
replied Judge Egan. 81 won't dis
charge this man, but it strikes me that
the complaint is peculiar"
The court then thought that further
argument might be advisable, mas
~
to submit any number of authorities,
but the court was too general in his
reply and Mr.. Butler began to feel
trifie sore. After some further dis
cussion as to the futility of his at
tempting to submit authorities unless
he knew on what particular points the
court desired information, the county.
attorney remarked:
well, it seems as if the court is
never disposed to agree with me in
any proposition 1 advance"
"Oh, that is uncalled for, Mr.. County
Attorney" replied Judge Egan with
some show of feeling.
'fWell, 1 simply express the feeling
that comes to me from what has Ia
ken place in this case" said Mr.. But
Ter calmly.
OU, uuQ0iSIdIQ you
said Judge Egan soothingly. every
lawyer thinks he is infallible and IN
fortunately the court usually thinks he
is infallible and the result is not al
ways satisfactory to all concerned.
But there is no occasion for gentle
men getting hostile
Logic is always hostile" replied
Butler coolly.
mo, disagree with you, Mr.. County
Attorney; logic is not hostile" said
the court refectiveiy.
'fIt is hostile to fallacy," retorted
the county attorney with a satanic
grin.
That's true replied the court.
''Why didn't you say that in the first
placer" he asked as his spirit Of hunor
began to assert itself. Gentlemen; 1
will give a decision in this case Thurs
day morning without any further ar
gument," he continued, and so the
matter stands.