Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-02-01

The manslaughter charge against
Samuel Kirby of Eorthwood was dis
missed today by Judge NJ. J. Englert
in the Grand Forks county district
court on motion of States Attorney
T. B. Elton
Mr.. Eiton's motion for the dismissal
of the case followed the action OF
the district court jury in bringing in
a verdict of mot guilty in the case
in which Kirby was charged with
practicing medicine without license.
the verdict having been received at
10, o'clock Tuesday night
The states attorney pointed out to
tho court that in order to prove the
manslauEhter charge against the de-
fendant it would first be necessary to
establish the alleged fact of his hAv-
ing practced medicine without a Ii
cense. and as a jury had now acAuit-
ted him on this charge it would be b
| to attemnt. 20 do this. He therefore
moved for the dismissal.
4 Court Approves Action.
| Judge Englert declared this action
on the part Of the states attorney TO
be proper under the circumstances.
and ordered the dismissal of the case.
and che release Of kirbys bondsmen.
The case in which the Northwood
man was charged with practicing
|
jury at 4:45 o'clock Tuesday after
noon and the jurors returned the ver-
dict of not guilty after slightly more
than five hours deliberation-
! The session of the court Tuesday
. afternoon was entirely taken UP with
Judge Englert's charge to the jury.
Verdict Returned.
When the jury returned its verdic,
late Tuesday night, Judge Englert
thanked the jurors, and congratulat-
ed them on the verdict arrived at
saying that it was the proper verdict
under the evidence which had been
submitted to them.
/ Immediately. after the verdict had
been returned. MIR. Elton announced
his intention of moving for a dismissal
of the manslaughter charge against
Kirby which was to have been tried
today. the selection of the jury for
this case having been scheduled to be-
gin at 10 o'clock this morning.
Kirby was represented during the
court proceedings by J. F. T. O'Con-
nor of Grand Forks, assisted by v. f.
Anderson of Wheaton. Mimi T. 3.
Elton. states attorney was in charge
! of the prosecution.
Final Arsunenfz-
Mr.. O'Connor made the 6nal afg1-
ment for the defense Tuesday after
noon
Mr.. O'Connor spoke for over an
hour declaring that there bad been
no violation OF the law and that the
state had been unable to make out a
case. The tracks in this prosecution
lead from the doctors office to the
criminal court" Mr.. OConnor de-
clared.
Elton Sums Up.
Mr.. Elton wound up the case for
the state, speaking in rebuttal OF the
arguments advanced by kirby's at
torneys. He emphatcally denied thai
there was any animus behind the
prosecution, but declared that the
idea was simply the enforcement OF
a law, made for the safeguarding OF
the lives, and health OF the citizens
Of the state.
I'VE have shown by the strongest
evidence possible that Kirby had
broken this law by practicing with
out a license he declared in askinG
the jury for conviction.
Judge Englerts charge dealt with
the rules of law to be observed by
the jury in considering the case and
the jurors retired for consultation
at 4:45 o'clock. They were taken tt
supper shortly before 6 o'clock, and
after supper resumed the considera.
ton of the case.