Devils Lake inter-ocean and Devils Lake free press. (Devils Lake, Ramsey County, N.D.) 1905-1909, 1908-09-04

ed the liver and spleen and found
them normal This examination was
sufficient to find anything if there
was anything wrong, but we found
nothing. Am positive that one mark
on left side of the nose was made be-
fore death, but am not positive about
the mark on the right side.
Here the defense took up the cross
examination and found it impossible
to get DR.. Sihler to change his testi-
mony which had already been given to
the state. He was asked by the state
as to what in his opinion was the
cause of death and he answered that
in his opinion death was due to an
impeachment of respiration. Either
suffocation or strangulation- The de-
Tense argued the hypothetical question
vigorously, but Magistrate Jones wish
ed to have all the evidence possible
introduced that would throw light on
the case and the question and answer
stood. Court the nadjourned until
Wednesday morning.
Wednesday morning court opened
with the usual large attendance and
the state rested. Mr.. McClory for the
defense arose and made motion to dis
charge the defendant from custody on
the grounds that the matters proved
| on the investigation and that the evil
dence was insufficient to show that
| manslaughter, murder or any degree
! thereof or any public offense had been
committed. Second. Mr. McClory
said: There is no evidence before
this court to show the defendant is
'ilty Or probably guilty of public Of
Tense. Third. That the testimony as
proven by the information is INSULT
cient to hold the defendant. Fourth
Tie defendant has not had a legal
j hearing. That Fred A. Kelly has act
ed as assistant prosecuting official, he
I lot bei.g states attorney or an as
assistant states attorney of Ramsey
Comfy. or attorney general or one of
| he assistants of the attorney general
or that he has not been appointed by
IT, cont Or engaged by the board of
c. ;nty commissioners to assist or
,rosec lite this case. Farther upon
?ro snds. actions and acts of Fred A.
49, IL 4 ..l.2 tEis case it is in viola
$'%f 'Cc'icns 24"4, 2497 and 2499 of
lie reTis; d codes CT this state
& x Sc. cs.;ed permission to ex-
i II IL zee q 1.a:noTe, who was
~: u s5e<. rs wi;:ess on the part OF
, = i: 3 i who lad not been called
q trs' it2:s.. ~ :
/ g. I, G 'es:s, ed he M ton.
;. - VS. again. made to discharge
:! .':'sc or CO the same gro md that
I'D already been stated. y
1t. Lee was then called by the de-
fe:se and testjued as fellows: My
name is DR.. Lee and am 90 years old
and reside at Edmore. l graduated at
Louisville, Kentucky, in 1901, and was
! licensed to practice medicine i'll the
state ia 1893 and have been at Ednore
!, ever since ] started to practice
have known Mrs. Wright and B haye
!; seen her at my office, two different
r.. tines. Babe came with her mother.
/ prescribed for Mrs. Wright I@ueyer
e.as13i!ed TIE girl. / was called to
the. iIg farm on the 18th of August
/ to examine the body Of the dead girl.
! | made an examination. of body and
! face and found death, with acid burns
on the side Of the mouth; and nose,
did notHsee> any marks or scratches
on the face and the neck was not
/ swollen, 1t was a. little after two in
/ the afternoon. 1 was there about five
minutes. l was taken there the day
the embalnsing Of the body BY the
/ coroner, states attorney and sheriff.
4 noticed finger marks on left side Of
face. At that time noticed asWell-
ing of the neck which was not there
at my first visit, WAS first physician