The Topeka state journal., 1903-10-08
up TO THE JURY.
PetersOn-NeiI Murder Case Is
Submitted.
Defense Makes Effort to Create
a Doubt.
EXPERTS TESTIMONY.
Effect of Paresis on Human
Body Discussed.
Attendants Tell Their Story of
the Struggle.

/
The Peterson-Neil murder case was
given to the jury late this afternoon.
The members will not be allowed to
separate until a verdict is reached Or
they disagree.
The principal effort of the defense in
the Peterson-Neil trial in the district
court Wednesday afternoon was to es-
tablish a reasona BILE doubt in the minds
of the jurymen that the two attendants
were really responsible for the death of
the insane patient, Maxwell. Attorney
Magaw questioned all the physicians
who took the stand closely upon the ma
ture of the disease to which Maxwell
was subject. He asked them if paresls,
which they pronounced to be his all
ment, did not produce an extreme fra
gility of the bones and he exhibited
medical writings of authority which
stated that such physical deterioration
accompanied the disease. The question
/ if the fracturing of Maxwell's ribs might
not have been caused by the fall when
he struck the floor with the two at
tendants atop of him was repeated 10
Doctors Biddle, Van Neese, Buckmas-
ter and Hogeboom.
! These physicians were inclined to dis
credit the theory. Dr. Biddle examined
MaxwelPS body a few moments after
! his death but failed to see any evidence
of abraSionS of the flesh which he found
plentiful at the post mortem examina-
tion. Clotted blood and signs of bruises
were found in the muscular tissue OF
the body, at the post mortem, which
did not show upon the skin. BLACK and
blue spots, the doctors testified, take
time to form. and the death of Max
well which intervened so shortly after
the encounter with Neil and Peterson
prevented their development. All of the
physicians who were present at the au-
topsy testified to the discovery of half
dozen or more flesh bruises on the
chest sides and on the lower limbs.
These, they said, would most naturally
result from blows of some sort.
Dr. r. L. Buckmaster gave the opin-
ion that Maxwell's death resulted di-
rectly from the hemorrhage caused by
one of the broken ribs Duncturing the
lungs and By the shock of the fall or
the assault in which the bones were
broken
Earl Neil and J. NJ. Peterson told
we'll during yesterday afternoons ses-
sion. Neil came first Peterson. he
said, had gotten into an encounter with
Maxwell and he ran to PeterSon'S help.
AS soon as he had ATTEMPTED to engage
Maxwell all three fell on the slippery
floor. Maxwell fell underneath. He
and Peterson helped Maxwell up, he
making no furthef resistance and they
put him in a chair. where he remained
for a few minutes before being con-
Quoted to the bath room. He was not
in the bath room when Maxwell col
laDsed.
Peterson corroborated Neil's state
ment. He said he had asked Maxwell
to get mop and go to work with the
other patients at Scrubbing the hall.
Maxwell passed him with the muttered
remark, In a year I'll show you that
I do not have to work" When he had
got behind Peterson he turned upon
him as if to attack him. and he, Peter
son, grasDed the insane man by the
collar and called to Neil for help.
During the examination of
Gardener r. H. Farrer, Attorney Ma
gaw tried to establish evidence to show
that there was bad feeling between him
and Peterson, dating back to a time
when Farrer had interfered with Peter
son who was handling a patient. Peter
son said that he did not consider that
there was any serious i'll will between
himself and 5Tarrer.
DIR. B. D. Eastman. former superin-
tendent at the insane asylum, testified
that medical authorities cited a fra
gility of the patients bones as an occa-
sional sccomoa niment of paresis.
DIR BIDDLE TESTIFIES.
DR.. T. c. Biddle. Superintendent of the
insane asylum. was called as the first
witness for the defense at this morn
ing's session of the Neil-Peterson muir
der trial.
Dr. Biddle testified that Neil and
Peterson's record at the asylum was
good.
DR.. w. c. Van Neys was the next
witness. He testified that all attendants
were instructed that the bones or pe-
retic patients are brittle and easily
broken.
The deposition of John c. Logan of
Sloan Springs, Ark, was read. The
deposition was to the effect that Neil's
reputation at home was good ana that
he had never been in trouble.
The deposition of Stanley Crandall of
Sloan Springs was read. He formerly
lived at Howard, Kan. He testified in
the deposition that Neirs reputation
was good.
Nathan o. Baldwin of Sloan Springs
testified through a deposition that Neil's
reputation was good.
E c. Talbot's deposition, taken at
Sloan Springs, was read. He testified
that NeiIs reputation was good.
James Eslinger. Fred Hill, r: J. AL
frey, S. l. Hogan. D. B. F. Neil, ]. Is.
twenty others of Sloan Springs all
| testified through dispositions that Neil s
reputation in his home was good
Dispositions of residents of Geneseo,
Kan. where Peterson lives were read.
A L. Southers testified through a cepo-
sition that Peterson's reputation was
good ]. R. Holmes. F. H Listum. s.
F. Seaman, J. o. Quick, A. Ward. A. S.
I1dWlcy anu LOU OtHSIS teSllHSu tndt
Peterson's reputation at home is good.
REBUTTAL TESTIMONY
At the close of the reading of the af-
fidavits the defendants rested their case.
In rehuttal r. H. Farrar was called by
the state
Have you any unkind feeling toward
the defendants?" asked Attorney Close.
NO replied Farrar.
On cross examination Attorney Magaw
asked:
did you and Neil not have words
over some patients you took to the
laundry?"
Nc. not that 1 remember Of re-
| piled e,ar--ar
! The testimony in the case closed and