The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-05-22
REILLY MUST
SERVE Term
NORTH DAKOTA PHYSICIAN, CON
VlcTED OF MANSLAuGHTER,
LOSES APPEAL,

Bismarck, N. D., May 22,-On the
application to the supreme court for a
rehearing of his case. DIR. ]. J. Reilly
of Milton, who was convicted in the
Cavalier county district court some
time ago for manslaughter, after per-
forming an operation on a woman,
who later died, the supreme court has
re-affirmed the district court and the
doctor must serve a 10-year sentence
in the lower court DR.. Reilly appealed
the case to the supreme court, but in
that instance the lower court was sus-
tanned Later he was granted the
privilege of offering before the SUI
preme court motion for q, rehearing
and this has just been decided by the
supreme court which has re-affirmed
the lower court. 1t is expected that he
viii be Immediately committed to
prison.
DR.. Reilly was arrested at Larimore
yesterday, being taken from south
bound train and lodged in Jail. This
morning he was taken to Grand Forks
and will pass through Fargo today en-
route to Bismarck to serve his SEN
tence.
Yesterday afternoon DR.. Reilly. who
has been out under bond since the re-
hearing was granted, left Milton on the
south bound train. The officials Of Cav
alier county, learning of this and be-
coming suspicious that he might be
trying to escape notified the authori-
ties at Larimore to nab him. DR.. Reilly
was placed under arrest by Mayor
Gass of Larimore, and taken from the
train.
When taken from the train DR..
Reilly stated that he had not heard
that the supreme court had reached
a decision on the rehearing, that he
was merely going to Minnesota to sell
some land and that he had no inten-
tions Of trying to escape. When told
that his last hope had given way, DIR.
Reilly appeared very much depressed
Heretofore he has maintained his con-
fidence that he would finally be ac-
quilted of the charge which has been
hanging over him for the past two
years. Even after the supreme court
affirmed the convictt0 last March, he
still kept up his courage, believing that
he could win on a rehearing, DIR.
Reilly still maintains his innocence and
claims that. a rank Injustice has been
done him.
History Of Case.
The alleged illegal operation which
resulted in the death of Mrs. William
Drury. for whose death DR.. Reilly is
held, was performed in January, 1911.
In February of the same year the
defendants was bound over to the dis
trict court on a charge of murder in
the second degree. His trial occur
red during July of that year, Judge
Burr being called in to preside. The
jury brought in a. verdict Of guilty
and he was given the minimum SEN
tence of ten years.
An appeal was taken by the attor-
neys for the convicted man. the SUI
preme court having the matter under
consideration until last March. In the
When the court upheld the conviction
DIR. Reilly left for Minot to confer
with his attorney, E. r.. SinlSier, in re-
gard to a rehearing. His bonds1nen
became suspicious and he was arrest
ed at Larirnore and brought back to
Langdon, where he was held in jail
for a couple of weeks.
In the meantime an application for
rehearing was hled, 1t being claimed
that new evidence had been found.
The court turned down the applica-
| tion to have the case remanded to
/ the district court but granted 81 re-
hearing, which has Just resulted in an
affirmance Of the first decision. After
| the rehearing had been granted DIR.
Reilly secured other bondsnlen and
has been ait Milton until yesterday.
More Appointments
j.. r.. Kelley, to- be postmaster ait
iAberdeer, S. d., and Ant honys A.. Gam
linetti of Califorrlias to be commissioner
the nominees sent to- the senate BY
lPresid lent nv ilsoll.