The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1908-09-02
A TECHNICAL
ACTION TAKEN
BY DEFENDANT
Motion to Strike Out States
Evidence-Case Continued
Two Weeks
CH|LD's DEATH CAUSED BY
s1RANGULA1|0N OR sUFF0CATI0M
Evidence Showed Marks on Deal
Girls Throat Indicating That She
Had Been ChOked and Beaten Ratll.
er Than Poisoned With Acid

Devils Lake, N. D., Sept. 2.-Fo1-
lowing motion that the defendant be
discharged from custody upon the
failure of the state to make a case
against her, and the refusal of the
court to grant such motion, the attor-
neys for Mrs. Mary Wright, charged
with the murder of her adopted
daughter Beaulah Cox, this morning
asked two weeks in which to prepare
motion for the striking out of testi-
mony submitted in the preliminary
examination. basing their argument
for the striking out of the evidence on
the plea that Attorney Fred A. Kelly.
of Lakota, who has been assisting the
state in the prosecution Of the case,
was not legally authorized to act,
claiming that he has not either been
appointed by the Ramsey county
commissioners to work in the cases or
is he connected with the states at
torney's Office or the attorney gen.
erals office. The motion for a con-
tinuance was granted, the case being
set for o'clock on the afternoon OF
September 16.
State Rested.
The state rested on Tuesday even
ing following the introduction of the
testimony of DR.. Sihler, of Devils
Lake, who was the last witnnss.
There is every reason to believe that
the motion of the defense will be de-
MED, the general sentiment among
U,ho .ofo nI tha
ings being that Mrs. Wright will be
held to the district court to answer
to the charge. The state. in the TAX
ing of the testimony of DR.. Sihler
Tuesday afternoon, showed that it
was attempting to prove that death
was caused by suffocation or strangu-
lation. the physicians testimony
showing that the death of the girl
was not from natural causes, nor was
there any way, at the present time,
Of showing that it was by unnatural
causes.
The court room has been packed
during the progress of the examina-
ton. Mrs. Wright, the defendant, has
been present during the introduction
of testimony she showed no emotion,
even when physicians told of the
pcst-mortem examination when the
body of the little girl was opened.
Mrs. Cox, the mother of the child, was
In the court room up to Tuesday noon,
when she was overcome by the ma
ture of the evidence and was removed
from the room. She did not hear any
OF the evidence as relating to the post
mortem. except small portion of
that given by DR.. Cox, OF Devils Lake.
Mrs. Wright is depressed considerab-
ly, showing the effect of the strain
she has been under.
Death by Suffocation.
In the examination of DR.. Sihler on
Tuesday afternoon, the state sprung
its biggest surprise, when the theory
OF death by strangulation was sug-
gested. DR.. Sihler told of the post
mortem examination, stating that he
could find no natural cause of death.
On the cross-examination, he said
that he could not find any unnatural
cause either.
At this point, States Attorney Ser
ungard took the defendant in hand,
detailing the story of the finger
marks, condition of the heart and 9TH
er organs of the body, asking a
hypothetical question. He asked the
physician what. in his opinion, would
be the cause OF death in case where
the circumstances were of this nature.
The reply was that it would b either
a case of suffocation or strangulation.
but did not undertake to say that the
death of Beaulah Cox was from this
cause. He had seen the finger marks
on the nose of the girl. The state
then rested.
This morning the defense called DR..
Lee Of Edmore to the stand. He said
that when first called, there were no
marks on the nose or neck, there be-
ing none before death. He believed
that the. marks were caused by en-
balming. The other doctors examined
by the state, however, declared that
the marks had been made before
death. The defense then made the
motion for dismissal, as above related,
resulting in continuation of the case
for two weeks.