The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1896-11-25
CHARLES II. LOWE WILL SEE THE
PRISON DOORS OPEN
SHORTLY.
SUPREME COURT DECISION
WHICH HE WAS CONVICTED
WASN'T COOP.
HE WILL BE TURNED LOOSE NOW.
In Prison Over Year on n Seven
Year sentence-TaIk with Mr..
Butler.

Charles r. Lowe, who was sent to
tie Saltwater penitentiary over a year
ago for the part he took in causing
the death of Clara Bergh, will soon be
breathing the free air again.
The supreme court yesterday re-
versed the decision of the district
court, by which he was sent to prison,
ard remanded the case to the lower
court for proceedings not inconsistent
with the decision.
Lowe, 1t will be remembered, while
married man, was credited with too
intimate relations with Clara Bergh,
who died at the Globe hotel on East
Sixth street. Lowe had been with her
for a few days, but it was charged that
he had not properly cared for her, and
1t was supposed that he was respon-
sibie for her trouble, to relieve which
illegal methods were employed. Lowe
denied this, stating that she had given
him some jewelry, ETC., for his services
as nurse.
The Ramsey county grand jury in
dfcted him for murder in the third de-
gree, and he was convicted in the dis
trict court, but the supreme court now
reverses the sentence. It claims that
the indictment did not properly charge
the crime Of which the defendant was
convicted. The fact that Lowe neglect
ed the woman was proven, apparently
but the supreme court holds that 1t is
neither charged In the Indictment di-
rectly, nor shown by the evidence, that
the woman was any worse off by rea-
of fhn nncr1oof cbo Iox
been from the results Of the operation
to which she had submitted The syl-
labus Of the decision is as follows:
State Of Minnesota, respondent, VS. Charles
+. Lowe, appellant. D.
Syllabus-Held, to sustain charge Of MUIR
der in the third degree under the first part of
Section 6440 G. 8. 1894, 1t Is not necessary that
more than one person was or might have been
put In jeopardy by the reckless acts Of the
accused, but 1t Is necessary that the act
was committed without special design upon
the particular person or persons with whose
murder the accused is charged.
Held further, the indictment in this case
goes not state public offense because 1t
does not sufficiently charge that death WIS
caused by any Of the acts or omissions of
the accused; Judgment reversed. Canty ].
The syllabus was shown to County
Attorney Butler last evening and the
question asked, What effect will that
nave on the case of Lower"
S~@o AAALl 11Cc, Sdlu But
ler That is all there is to it. OF
course. 1 know nothing Of the views
held by the supreme court, or the rea-
sons for the decision, and I do not now
recall the specific allegations in the in
dictment. Lowe was charged with muir
der in the third degree, and was given
seven years-the minimum under the
hndlng OF the jury. He has spent a
year in the penitentiary, and I am not
at all dissatisfied with the finding of
the supreme court. He has probably
been punished enough
BY what process will Lowe be dis
charged, on motion before the trial
court?"
mo; a transcript Of the finding of
the supreme court will be filed with
the district court and copy Of the
finding sent to the warden of the pris-
on, and as the decision of the trial
court Is set aside, why there is no
warrant for the holding of the prisoner,
and he will be turned loose. No, the
case Of DR.. Johnson, who was sent to
prison for performing the operation
which was the prime cause of the
girls death, is not at all affected by
the decision"
Asked as to whether Lowe had any
recourse for his confinement, any claim
for damages against the county, Mr.
Butler said decidedly, mo"