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Guilty, SentencedTo Reformatory for Lifei *Judge Cane Re|ects Insanity Plea pK'10 *#vwn h“ ^ withi regard to lus »et*. that He did not have, strictly specking, • mental disease or defect, but wasBY ALLAN EKVALL fatal shooting of his wife. Judith,: in the grip of Such strong pas-In Decision Covering 12 PagesOSHKOSH - Richard Derber. 21; 916 Vine Ave., Oshkosh, wasearly in the morning of Aug, 31 sion or rage he could not control ..... . when she stepped from a carihimself.”found guilty today of first de-j driven by at woman friend. Der-j renSl^Se' Hotgree murder of his eslrangrijb* had followed his 20-year-oldWau ^ bv lhtwife and sentenced to life impns-' u.:f.ohment the state reformatory!ef*ng^ . 'rJ\at'Green Bay by Municipal Judge; !he-v had 1 chance nieet-fted he toght Derber vtae not Arnold J Cane jinS several hours earlier. insane at the time of the mur-tebef tS the conviction andj t2-P.ge Dert,*. .sentencing passively without ut-j In the 12-page decision, Judge; ht *$ sanlt; under jtering a word. He shook his head.Cane stated ‘It is obvious to the: .to.indicate ‘no” when asked by-court that the defendant lt;Der-L Ju°g* £22?Judge Cane if lie had any objec-,ber) was an overindulged, emcH .?(WinnJJnv • l y’tions to being sentenced to thejtionally immature pe^on. He^nf°t^vinX Jh ZT*reformatory and nodded for;permitted his jealous nature and; . , . , ■'•yes’ when the judge indicated:his emotions to rule him. He1*®:.™ ,,,, . • .he would go to Green Bay. jknew what he was doing at the! SUlC* Jh?M After hearing the sentence Der- time of the shooting of his th;oniv issue ief»|her walked alone toward the: “The court finds, beyond rea;by lt;L 'f*,,,iii!courtroom door, reaching into his sonable doubt, that the defendant:^35 ,e .j3, Icoat pocket for a cigarette. unlawfully and feloniously, with!?™?* uiflI.:ji j.„j CL :ty ana intent to kill ms wileSnowy StreetsBerber was charged with the intent to kill, murdered his wife.., .-He is therefore guiltv of murder!wben,.he tbe tnSglr-', - ,in the first degree” the judge! ^7™ / m' p5J'ch*atn5tS i j . , s J 5 I and Berber s family members m- j ,j r\nn n .. j . . -dicated he had an ungovernable! vi Judge Cane, in his decision. re-;. .n ,- * , ;~~| viewed at length the various rules; P s. p-f y ^i and court decisions used Wousy regarding hts wife. -:[Jf . y‘ The defense in this case waiv-;That he also did in fact have such! Two Plowsr.„l 'L,,!. 1. ;and court decisions used by, T'hc d?feoSe in this case walvZ■“Contribute to rr xzxz?* rtriai and„rgt Jresponsible for his criminal art®!1,15 decf0n T7 ,°Ut *!TLhaa -^e mafcter temporary insanity;s?51?Three Creshes ^ jhe?7 ^^ ^ °erber,s-Thcse h1■ ■■■ ww wi iscious intent to commit the act '• , , * ». j 1.1 ilov: 1 in Kil *!elude proof beyond reasonable;MENASHA - Slippery streets! .. ... ;doubt. if',, j * a i . j After a careful consideration A \ :pkwere blamed for three weekend4L « A new state law this year per-;; *-j x r, the entire matter, the court! v *, j toraccidents m which five autos!f. * , .jmits a judge to send a person Twere damaged. convicted of murder to either thefcL!A car driven bv Robert Hud- ' . - P ion o in en asireformatorv at Green Bay or theTc- j. A i jj j • been overcome bv the defen-: , . . - , Json. 27. o24 First St.. skidded , , .. state prison at-Waupun.l, *i „„r , - ^:dant: that he not onlv had the ra light on the safety island at■ ■. .of c.d^-caPacit t0 form such intent but'Mam and Racinc fatrccts at 6.4o,.i , lt;aia ^ r ^ u- A j t* l , tj tiiat ne also did m fact have suchp.m. Saturday. Hudson told po- inhec he was turning o f Racne ,]js ,v. declared U/!*k 1onto Mam at the time of the mis-, Tes(imony ^ (ria] hdd all:LO//lCfe VV lf/1T parked car owned bv Jer®' and Wednosdny A i I jJome Heiss. 45. 14 Tavco sL waS b a h° AUtOmOOlleSj j i. * ej : neara the case without a lurv, ■damaged at 11:.7 a,m. Sunday:conterned large]y u^ether Der-i OSHKOSH - Two snowplow;on Ahnaip Street when it■ 'vasJber knew what he was doing pri-ltrucks- onc owned by the citF ofstruck by an auto operated by {Q th(j shoQtjng Jud CaiieiMenasha and the other by Winne-,Miss Suzanne Holmes. 6.8 ^dr*iSairf he did not agree with the de-:bag° County', were involved in:SZ- tt 7en f , , fense contention That Derber wasjseParate accidents with cars Sun-; Miss Holmes reported to po-.hi h] intoxicated. as|day morning in the Twin City-lice that she was headed north-; Testimony frQm Qther ^tnesses area.east on Ahnaip and couldn avoid.who saw him tha{ evenjn-_ bv A Menasha truck driven by; hitting the parked car because of; ^ Rev james Craanen of Nee- John G- Ludwikoski. 45, of 624;icy conditions. ;nahlt; t0 wilom Derber airrender.I Milwaukee St., Menasha, was in-!^Tv0PZ vLX lobn1 ed himself minutes ^ the.volved in an accident with a car1 S a v- n J Von ishoolin8- and Oshkosh police, who driven by J- Thomas Weber, 39.Edward Hmckley, 2_, 7,0 Mih au-i tjoned ^ d5d ^ indicate 2130 Palisades Drive, Appleton.: kee St., w-ere damaged in a col- sucji a de„ree 0f intoxication, the 3*- the Ninth Street - County; hsion at 10:3 p.m. Saturday m.-ud decided Trunk p intersection at 8:29 a.m. Ifront of 350 Chute S . J Gun sSunday,. ^UGSS told police he was back-, Ag ^ Derber had gone! Ludwikoski said he was going,ing up on Chute Street, in order;homg tQ ^ ^ gunlt; as ^^Lvest on Ninth Street while plow-!LTktJ Which;told Father Craanen when sur-iing snow and, because of icy eon-’st^c kthe. Hmkley car, which;mndcrjng hjmselft or l0 get a [ ditfons, was unable to stop inhad stopped behind him. Hinek-: tranquilfzej* pill, as testified by time to avoid hitting the Weberley said he stopped when he defense witnesses during the tri-;car. Weber said he tried to stopthe Suess car backing up, but ^ Jud Cafie stated ^ thought!but skidded in front of the snow-was unable to avoid a collision. the dcfendant went home for fhe;piow. The entire left side of the;weapon, “but also believes it to!Weber car was damaged but nei-[imake little difference whether he ther he, his wife nor their threeOshkosh Drive|2q OOO Short ^ot ^un on bome' cb,^rcri werG *nJured-Of Its Goalor placed it in his car earlier im A Winnebago County snow plow.The day.” 'driven by Walter E. Luker, 47,iDerber had stated during the 905 Iowa St., Oshkosh, and a car;OSHKOSH The Oshkosh trial he placed the loaded gun in;operated by Mrs. Joan M. Arft.board of education tonight will the car earlier in the day for the Wheelers Point Road, Neenah.;learn how close it is to reaching purpose of testing it. which he collided on Bayview Road in the:its goal of $832,000 to build a civ- did not get around to doing. Town of Neenah at 9:30 a.m. Sun--ie' auditorium which will adjoin; Dr. John Petersik, Oshkosh psy- day.the new high school. !chiatrist, testifying for the de-! The right front of the car waslAs of this morning. $20,000 fense. said Derber, in his opin-;damaged when the truck backed'more was needed to reach the!ion, could not be found insane un-; into it.goal, Wesley Schneider, sehool der the test for criminal respon-i Luker said he had turned into a board chairman, reported. : sibility under the McNaughten,driveway, was backing up andSchneider said an all-out effort; rule. This rule has been followed! didn't see the car behind him.Is being made to obtain this mon- jby Wisconsin courts for the last; # ey and that there is no reason: 100 years, but it may be discard-jDqVICi RvOfl tO for the auditorium being lost for ed in favor of the American Law - * - m jjust a few thousand dollars. “Weiinstitute (ALI) moral penal code^rfGCld FUnCl DriV© jplan on reaching the goal.” he! rule. | NEENAH _ David E. Rvan.iexplained. ! Psychiatrists .. . .., ,The city council is providing If the ALI rule were foUowed,!^^ win”1 serve at!$310,000, the Oshkosh Foundation Dr. Petersik testified* he thought p 11 ;$72,900 and anonymous donations:Derber “lacked substantial ca-|3rea r®Pres®n a total $300,000. These were p!edg-| f ^ «
Newspaper Details
Appleton Post Crescent
Appleton, Wisconsin, US
Mon, Dec 18, 1961
Page 13
Full Page
Clipped by
Debbie J.
WI, USA 27 May 2021
Other Publications Near Appleton, Wisconsin
Appleton Daily Post
Appleton Post Crescent
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