The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1907-04-12
FORREST ELLIS ON TRIAL
FORMER INSANE HOSPITAL AT.
PENDANT CASE UP.
ALTscHuLER FIRST TO TESTIFY
County Attorney koenlgsteln Says
State VIII Show That Patient Pros
ser Came Into Hospital Unmarked
and Received Bruises From Ellis.

State VIII Show That Patient Pros
ser Came Into Hospital Unmarked
and Received Bruises From Ellis.
Madison, Ncb., April Especial to
The News: The case of the state
against Forrest ELLIS, the first of four
cases against former attendants at
the Norfolk insane hospital charged
with assault with intent to do bodily
harm TO patients, began here today in
district court, Judge Wclch presiding.
II required all of yesterday after
noon and until 10 this morning to &C.
cure a jury. The first veniro was
used up, only nine jurors being &C.
cured from II. The witnesses for the
state against Ellis are: w. II. Biggs,
an old man and formerly an attend.
ant; julius Altschuler, formerly an at
tendant; and DR.. f. NJ Nicholson, for
merly physician at the institution.
Jury in Ellis Case.
Following is the jury in the Ellis
case: Leonard Brown, w. II. Daniel,
j. d. FIGHTER, William Harms, A. X.
Osborne. Tom Reeves, Alex Reeves,
Il. N. Vail, Henry Wit2el Ben Davis,
William Frey, John Wakcly
Attorneys for the prosecution are
County Attorney Jack Koenigstein
and H. r. Barnhart. Attorneys for the
defense are Burt Mapcs, NJ. u. Tyler
AZ
V. Allen.
What State Claims.
In his opening statement to the jury
County Attorney Kocnigstcin claimed
that the state will be able to prove
that Patient Prosscr from Knox coun-
ty was examined when he was brought
to the hospital and that he had no
marks on the body; that after death
there were large bruises on his body.
He said the state would be able to
show that these bruises were results
of kicks administered by Ellis In the
day room. He said that he would
prove that when Prosser refused to
sit in chair Ellis took hold of him,
What Defense Claims.
In his opening statement for the de-
Tense, Attorney Tyler stated that it
would be shown Ellis used only ordi-
nary restraint in preventing Prosser
from constantly going out of the room;
that restraint straps were used in
holding him; that no cruelty was in
hicted.
Altschuler First on Stand.
julius Altschuler was the first wit
ness He said that the first he knew
of Prosser was when ellis called upon
him to assist in bathing Prosser when
the patient first came into the hos
pital, as all new patients are bathed
the first thing. He said there were
no marks on Prosser at that time;
that if there had been, he would have
seen them. At later date he came
down stairs and saw Prosser lying on
the floor. Ellis was kicking the pa
tient.
AtschuIer Cross. Examined.
On cross-examination several minor
points were tangled up. In direct ex-
animation Altschuler said that this
kicking occurred the second day after
Prosser came Biggs, testifying later,
said it was three days afterward. Alt
sehuler in direct examination said he
saw Biggs in the room. On cross eX-
animation his testimony before the
board which investigated the hospital
last summer was brought, in which
Altschuler had said that he did not
see Biggs in the room, but presumed
he was there.
Bises is On Stand.
Former Attendant Biggs was the
second witness. He testified that this
kicking of Prosser by Ellis occurred
the second day after Prosser came.
He saw Ellis kick Prosser once, turned
his head away and then, returning his
glance, saw Ellis lifting up the patient.
He said Ellis used profane language.
Altschuler said he heard no words.
Mr.. Biggs was tangled up on cross
examination, which was conducted by
former Senator Allen. P'"g7 was
asked why he had kept silent as to
this alleged brutality" until after he
was asked to resign. He replied that
he had not. Later he admitted that
he had been asked to resign before he
mentioned this incident