Devils Lake weekly world. (Devils Lake, N.D.) 1911-1914, 1913-11-28

With the end of the Behnke murder
trial, which has held the attention OF
the court for the past fourteen days,
yesterday, the present term Of district
court was adjourned until January 10.
and the jurors have been excused nm
til that time.
The only important case to be heard
this term of court was the trial Of
Carl Behnke for the murder of Harry
L. Freese at Lawton last summer.
Three of the most brilliant attorneys
in this state were connected with this
case, States Attorney Fhed T. Cuth
bert prosecuting on behalf of the
state, while Attorney John F. Cowau
of this city, and Attorney T. W.
Morrissey Of Edmore defended Behnke.
It was hard fought case from the
start, and the able attorneys On both
sides fought every inch Of the way,
There was large number of witness
es, including several doctors, who gave
testimony in the case.
It took thirteen days to secure
jury and introduce the evidence aud
Tuesday afternoon both sides rested.
and the arguments of the attorneys
began. During the arguments of the
various attorneys the court room was
vacked and as the forceful arguments
were presented the audience gave the
closest attention.
States Attorney Cuthbert presented
the states case in a clear and concise
manner, talking at the opening for
about three hours.
Attorney T. W. Morrissey, the
Edmore attorney, and by the way one
Of the brightest attorneys In this part
of the state opened the case for the
defendant, and the able and concise
manner in which he handled the mat
ter won for him the admiration and
respect of all who listened to the talk.
Attorney Cowan, the veteran jurist
and attorney, who had been chief
counsel for the defendant, took up the
thread of the argument where Mr..
Morrissey left off and for several hours
he held the closest attention Of the
jury and the audience. He delved into
the testimony of the physicians, and
other testimony offered in the case. He
made a powerful address in behalf of
his client, picturing things in most
vivid manner.
States Attorney Cuthbert closed the
case for the state in most eloquent
plea, asking for only what was right
and just in the case, admonishing the
jury to weigh the testimony carefully
and render verdict accordingly.
Judge Buttz gave his charge to the
jury at about 1880 on Wednesday
evening, there being an evening ses-
sion in order to bring tho case to a
close. The jI v retired to the jury
orom and it W. lust one hour and 10
minutes from .a.~ time. thew retired
until they port The
court =, EtiII packed with peo-
pie, 1. sn6ugh it was near midnight and
the defendant and the attorneys as
we'll as the court was waiting as it was
expected that verdict would be ar
rived at at an early hour.
As the verdict "not guilty" was
read there seemed to be a feeling OF
general satisfaction pass through the
large audience.
The death of Harry L. Freese, who
So mysteriously passed away at Law
ton this summer is still fresh in the
minds of our readers. His death was
caused from an overdose Of "dope'
or blow on the head. Carl Behnke
and Geo. Moriarty, tw young fellows
who were travelling with a carnival
company, then exhibiting in Lawton,
were with Freese during the day ami
that night, and were held to the dis