The Topeka state journal., 1897-10-25
Jury Decides He Was Insane
When He Shot Berger.
Said DIR. Berger Had Invaded
the Sanctity of the Home.
HE HAD 40 CARRIERS.
OF Women Patients, So Declar-
ed One of the Jurymen.
At No Time Did More Than
Three Vote For Conviction.

Kansas City, Oct. 25.-The jury in the
case of John schlegel. charged with the
murder of DR.. Lyman A. Berger in July
last, yesterday returned a verdict of not
guilty on the ground that SchlegeI was
insane at the time of the murder, but
adding that he had recovered from such
insanity.
The exact words of the verdict were:
1--WE, the jury. find the defendant not
guilty the ground that at the time he
shot the deceased he was insane, and we
further find that he has recovered from
such insanity.
"A. w. STEELE, Foreman
1.-The question that was tried in the jury
room'' said Juryman Steele, was whether
or not physician could invade the sane
tity of the home. We did not believe
that it was for us to establish the prece-
dent that doctors could violate their pa
tients in Jackson county.
THAT man Berger had an awful repu-
tation- Mr.. Dixon, one of the jurors,
knew of his bad record. I have heard
that DR.. Berger had at least forty gar
ters of women patients. He was bad
man."
The reading of the verdict was followed
with cheers and scenes of rejoicing in
John SchlegeI an opportunity to shake
hands with the jurors, but picked him up
and bore him bodily from the room where
in during the past week he has been un-
dergoing a trial for his life.
SchlegeTs wife and family were not
present. Fatigued by the ordeal of the
day before, they were seeking rest at
home, and thither the husband and father
who had defended their honor was es-
f,-l
headed by Attorney G. B. Silverman, one
of his counsel.
What occurred in that little room at
321 East Eighteenth street when the head
of the household, exonerated by the law
for avenging its honor, met his loved
ones, is known only to them and him,
the delegation was dissuaded by a sense
of delicacy from intruding at that sacred
moment.
The case was committed to the jury at
4:3O Saturday afternoon and it was out
altogether, allowing for time spent in rest
and meals, nine hours. Eighteen ballots
were taken and at no time did fewer
than nine vote for acquittal-
The one man who held out for murder
in the second degree was r. P. Dixon, a
painter of Pops Holmes street, who, dur
ing the challenging of jurors in the early
stages of the trial, distinguished himself
by saying he had never heard Of Major
William Warner, counsel for the prose
cution.
The first ten ballots stood nine for ac-
quittal and three for murder in the sec
ond degree Two of the three holding
out for punishment were won over before
the jury retired, and voted with the ma
jority in the last six ballots. None of
the Jurors at any time favored verdict
of murder in the first degree.
After partaking of breakfast the jury
took two ballots. The first stood as for
merly. eleven to one for acquittal; the
second was a solid vote for acquittal, and
word was sent to the jail that the jury
was ready to report.
John Schlegel will from now on devote
his attention to his grocery and meat
market, which is under his living rooms
at s21 East Eighteenth street.