St. Paul daily globe., 1895-07-31
FRIEND OF CLARA BERGH AR
RAIGNED IN THE MUNICH
PAL COURT.
A THIRD DEGREE MURDER
is THE SERIOUS CHARGE PRE-
FERRED BY THE PRoSECU-
TING AUTHORITIES.
A MOTION TO DISMISS LOWE
Is Promptly Dismissed by the
Court-Case Is Dragging
Along Slowly.

The preliminary examination of
Charles R. Lowe, charged with GRIM
inally neglecting the unfortunate
Clara Bergh during her last illness
at the Globe hotel, was held in the
municipal court yesterday. The ex-
animation will be continued this af-
ternoon. The charge was murder in
the third degree. This more serious
complaint was sworn out July 26
by Oscar c. Bergh, a brother of the
deceased. The defendant was repre-
sented by E. NJ. Card and c. N.
Akers. In opening the case for the
state, County Attorney Butler set
forth the legal distinction between
the different degrees of murder;
murder in the first degree being a
killing willfully premeditated; in the
second degree, killing unpremedi-
tated; in the third degree, a killing
of a human being ''perpetrated by an
act eminently dangerous to others,
evincing a depraved mind, regard
less Of human life, though without
premeditation or design to effect
DEATH
Miss Bergh, under all the circum-
stances, maintained the same rela-
tion to Lowe as patient to a nurse,
ward to guardian. Lowe knew
full we'll that the sick girl was in
need of the best of nursing and of
medical treatment. He was in po-
sition to readily secure such nurs-
ing and treatment, either from the
public authorities or at his own eX-
pense. The prisoner had totally neg
lected to supply this care and treat
ment, and was therefore clearly
guilty, under the statute, of the
crime charged in the complaint-of
murder in the third degree.
Attorney Card moved that the case
be dismissed, claiming that the
charge had not been properly support
ed by the facts alleged on the part of
the state. The motion was overruled,
and Emile Constans, proprietor of the
Globe hotel, was called to the stand.
His testimony developed nothing not
already made public. When the de-
fense attempted to prove by Constans
that Lowe had done his duty towards
Miss Bergh the state interposed the
objection that. Constans had not seen
the girl after she first arrived, and
had no personal knowledge of her con-
dition or her treatment.
DR.. W. H. Sigler testified that he
had attended Miss Bergh for the first
time June19. He observed even then the
presence of blood poisoning, but was
unable to ascertain positively whether
such poisoning was the result of any
criminal act. 1t might have resulted
from carelessness or uncleanIiness.
DR.. William Richeson was called
once only, on June N by Mr..
Lowe, to attend the latters
wife at the Globe hotel The
sick woman was found in a most crit
ical condition with merely a fighting
chance of recovery providing she re-
ceived the best of nursing and treat
ment. 1t was, however, apparent that
she had not been receiving such nurs-
ing as the eXigencies of the case de-
manded. He diagnosed the case as one
of blood poisoning. The patient was
half delirious and unable to answer
all of his questions.
The examination was stretched over
two sessions and was prolonged by
vast amount of cross-questioning
AT $50 the testimony was still incom-
plete, and a continuance was taken
until z. m. today.