Los Angeles herald., 1909-06-26
AGAINST
BERG DISMISSED
DISTRICT ATTORNEY SCORES
DIR. WILSON
CALLS PHYSICIAN REAL cULPRlT
IN MATTER
Actions of DR.. GustaVe in Handling
Case Bring Forth Round After
Round of Scathing
Criticism

SAN BERNARDINO, June 25.-After
a two days searching inquiry Justice
Thomas, at the conclusion of the pre-
Hminary hearing of Hans S. Berg,
charged with manslaughter, for the
killing of Henry Grassmee, this after
noon dismissed the case. 1t was not
until the afternoon session today that
any mention was made of the likeli-
hood of Berg having inflicted the in
juries which resulted in the death of
the bedridden patient, the prosecution
devoting the entire day yesterday and
practically all of the morning session
in conducting an inquiry to establish,
if possible, the cause for the discrep-
ancy between the testimony of the
surgeons of the hospital and that of
Drs. Campbell and Huff and Coroner
Hartwell of Los Angeles.
District Attorney w. e. Bryne, in
his closing remarks, poured round after
round of scathing criticism into the
actions of DIR. Gustave in his handing
of the case.
After informing the court that the
district attorneys office had used every
means in its power to arrive at the
true facts of the case and stating that
the testimony of the two bodies of sur
geons brought out the positive asser-
tions from the Patton physicians that
Grossmee was afflicted with general pa
resis and from the Los Angeles doc
tors that he was not, Mr.. Byrne said
in part:
Moves for Dismissal
"The point as to whether or not he
was suffering from general paresis viii
probably never be known, but this
much is certain that Grassmee did not
die in the last stages of general pa
resis. The evidence further shows that
shortly prior to his death he received
INJURIES that were caused by external
violence, and that violence was IN
f1icted by some one. 1t is my opinion
that Berg inflicted these injuries from
which this man died, but for the pur-
pose of the prosecution there Is IN
sufficient evidence to warrant his being
held to answer to the crime of man
slaughter and l move the court that
this charge be dismissed.
''J feel that DR.. Wilson is the culprit
in this matter. Berg was discharged
for actions which DR.. Wilson did not
ask him to explain. DR.. Wilson states
discipline and DR.. Wilson should re-
ceive like discipline. l am satlsfled
that had DR.. Blair been there. at the
time this scandal would not nave
arisen. DR.. Wilson, in this case, III
nv opinion, has brought down on NM
self and the institution this entire row
that has taken place in the press ana
In thlS court
Says Wilson Was Incorrect
"The evidence further shows that DR..
Wilson was incorrect in his diagnosis
of that case, and that he issued a 1aise
and incorrect death certificate. Ihe IN
juries were inflicted by somebody, py
Rere or by some of the patients. L am
of the opinion that Berg inflicted those
injuries, but this is an opinion and sus-
picion. There is not sufficient evidence,
however, to hold him.
cdr Wilson Is at fault in that he
failed to make correct death certlh-
cate, and he himself tells you that ne
considered the injuries contributory
causes. l do not think that any CEN
sure is too severe for DR.. Wilson. He
has no place in that institution"
The findings of the board of managers
were announced after Berg was dis
missed. The managers hold that the
acting superintendent, Wilson, and the
executive staff of the hospital are eX-
onerated from blame as to Grassmee S
death. That Grassmee was peculiarly
susceptible to injury and might have
injured himself, been injured by an at
tendant or in struggling with the at
tendant or by another patient. That
Wilson erred in failing to question
Berg as to Grassmee's injuries. That it
would have been wise for DR.. Wilson
to certify that the injuries were a con-
tributory cause of DEATH That 1t would
have been wise for him to have re-
ported Grassmee's death to the coroner.
Testimony Similar
In the case today w. w. Waller, DR..
F. w. Huff, Coroner c. Hartwell, Su-
pervisor Butler, Head Watchman At
kinson, Attendant Clark, Drs. Jenning
and Loizeaux testified, and their state
ments were practically the same as in
the previous inquiries. The defense
showed that it would have been possi-
BILE for two patients in the same room
with Grassmee to have inflicted the in
1uries, as they were physically able and