The Hood River glacier. (Hood River, Or.) 1889-1933, 1921-11-24
INQUEST HOLDS
GUARD TO JURY

Charles Burnett, native Australian
and attendant at the receiving ward OF
the Pendleton Insane asylum was held
| here IN iail last week to await grand
jury investigation as the result of a
verdict rendered by a cononer's jury
investigation last Thursday night. The
| iury's verdict stated that Louis Topick.
| insane laborer, who was being escorted
| from Portland to Pendleton, in charge
of Burnett died in this county, and rec.
commended that Burnett be held for
grand jury action.
The verdict did not specifically state
that Burnett's acts, although Roy +.
| Thomas, a brakeman OF the O.-W. k.
| & N. Co., who was aboard the tram
carving the two, swore that the at
tendant repeatedly kicked the patient,
caused death, and for this reason, at
torneys specializing over the case eX-
pressed the opinion that the verdict
would be unable to hold him should
habeas corpus proceedings be brought.
Members of the jury expressed them
selves as dissatisfied with the hearing
Inasmuch as corroborative testimony
was not presented to sustain the story
of Thomas.
r. b. Lee, a foreman of the rail
line. who was on the train, was to
have been called but was unable to
come here from Portland.
DR.. V. R. Abraham, who testified
before the Jury, stated that an exam
ination of Topick's abdomen showed
that he had sustained a rupture and
had bled to death. He declared that
in his opinion no fall of the man would
have caused such an injury. Topick' 8
body was said to have been covered
with bruises. A deep cut on the side
of his neck created some speculation.
This, however, it was stated, might
have been explained by the man hav-
ing fallen against trunk corner.
Burnett in his own behalf was un-
able to explain how Topiek could have
injured his abdomen. He declared,
however, that he had used no extreme
violence.
81 am a humane man, he said,
explaining that he was in charge of
the receiving ward at the hospital be-
cause of his temperament and his abil-
ity to quell newly received violent pa
tients. While he did not state so at
the trial, he explained how he had been
sent to Portland for Topick because the
regular guard, accustomed to such
duty, had been incapacitsted the day
before in an encounter with another
violent patient. The other case. Pc
culiarly had occurred in Hood River
county as the train left this city for
The Dalles.
In his testimony Burnett declared
that the hospital had made a mistake
in sending him. inexperienced IN hand
ling violent men on the road, for Top
ick. He had telegraphed to Pendeton
to have two guards meet him at the
train. The message was dropped off
at Wyeth by Brakeman Thomas, who
almost Immediately was called by the
death of the man.
Thomas was very strong in his state
ments against Burnett. and his story
was one depicting gross cruelty. he
stated that he had noticed that the pa
tient showed violence on entering the |
smoking car in Portland. To avoid
disturbance of other passengers, he
had the guard take the man to the
baggage car. Thomas stated that |
Topick's arms were fastened in hand |
cuffs and so strapped to his body that
he couldn't raise them above his vast
Thomas stated that he advised Bir-
nett to strap his patient to a stretcher
in the baggage car but that the man
had declined to do SO. The patient,
according to his story, was tied with a
rope which the guard held. Thomas
asserted that he returned to the car
several times from his work to find
Burnett kicking his prostrate patient |
He characterized the treatment such |
as one might accord a dumb brute. |
Burnett interrupted at this point to
declare that he wouldn't treat dumb |
brute unkindly.
=" wouldn't kick dog, he said.
'Well, from what | saw of you,
replied Thomas with some heat, 81
wouldn't trust dog to you.
Coroner Sifton reported to the grand
Jury that he had talked with the super
intendent of the hospital by telephone. |
The latter, he SAID, gave Burnett a
high recommendation, stating that he
was a very dependable man. The su-
perintendent had offered to come here
and attend the hearing.
The members of the coroner's jury |
were: G. G. Cornelius. Mark Gamer |
on, G. Dethman, Walter Walters, +. |
T.. Brett and Walter McDougal.
Burnett was bound over to the grand |
Jury Friday on charge of manslaugh- |
ter, the complaint alleging that he
used such violence in handling the in
sane patient, as to cause the later's
death. Burnett's arraignment was in
the court of Justice Of the Peace On
thank. Bail was fixed at $1,000. As
sistant Superindent Plamondon, of the
Pendleton hospital, here in behalf of
Burnett, who, he declares. was one of
the most Trustworthy attendants at the
hospital, will attempt to raise bail.
Joseph II. Jones, of Portland, was
here in the interest Of the dead mans
widow and three small children. The |
L &C 81