Grand Forks herald. [volume] (Grand Forks, N.D.) 1916-1955, 1922-01-31
FIRST OF TW0CASES AGAINST
KIRBY TO GO TIC! JURY TODAY:
DEFENSE OFFERS NO EVIDENCE
State / Rests lts / Case In Trial Il ! J
Or Charge OF Practicing
Medicine Without 4 Lie
ense;; Motion For An In
shucted Verdict, Made By
Counsel For Defendant, |.
Denied; |'' Only Two Wit
nesses Examined Today.

]. F. z. O'Connor. counsel for
DR.. Kirby, finished his arguments
to the jury at $3.50 this afternoon.
The arguments Of States Attor-,
ney Elton and the judges charge
sdll remained before the case
could 60 to the jury.
The case of Samuel Kirby Of North
wood, charged with practicinE medi-
cine without license will go to the
jury this afternoon. 80
The state rested it's case shortly aft
erZ II o'clock this morning. and the
defense announced that it would put
no witnesses on the stand. Motions
for an instructed verdict, and for the
striking out of various sections of the
complaint were made by j. F. T..
O'Connor. counsel for Kirby. but were
denied by Judge NJ. j: Englert with
one exception: the motion for the
plant charging Kirby with maintain
ing Offices for the practice Of medicine
being str:ken out. ~
Arguments Commenced. +.
States Attorney T. B. Elton took
ming up Of the evidence to the jury.
He,w followed by v E. Anderson OF
Wheaton. Minn.. one of Kirby's atfor-
ineys who was still speaking when the
noon adjournment was taken. j. r.
also speak in kir-
byes behalfs this afternoon. and Mr..
Elton will make. his final talk. After
the tchargesof Judge Englert the case
will then SO to the jury.
IS Two witnesses Today.
Only two, witnesses were placed on
the stand by the%sta this morning.
They were @B. o: Sorbo of Grand
Forks. who testified to having gone
to Kirby Tor treatment when he was
O.; u !l Ms si seer otthe
stefs boar nf med icaI s1a miners who
bosld vi VIM ss sisW { .ii IS 'snoKsnY I tha, 81,
Kirby was no f licensed to praGHce
medicine IN the state. "a nd had MSver
made application; TOR such1a nceH9e:
His evtdepce was accented over the
VIZ, ii F First ;of Two Cases.
The action being tried today is the
first Of two cases instituted against
Kirby. Selection OF a jury for the
tri&l of the ,so-called wonder doctor
, on manslauEhter charge is expected
to. commence Wednesday morning
uA0pOoAAASAA
ent case. The courtroom was crowd
ed throughout the session today. s
Mr.. Sorbo was the first witness
called this morning. He testified thai
he had been suffering from rheuma-
tisn. and had gone to the offices oc'
cupied by Kirby at Northwood. Or
the advice oftyKirby. he said he hac
other men. he found in the same sci
Of rooms. and had paid this man $t
for the operation.
:: Williamson On Stand.
DR.. Williamson testified that he wa.
the secretary of the medical examin
ing board OF North Dakota. and tha
it was his duty to keep the records
showing applications for licenses t.
: practice. and the records of th'
licenses granted. kirby's name ap
peared "on none OF these records n
said.
Z on the objection Of Mr.. O'Connol
that these records were not the bes
evidence. they were placed in eyi
cross-examination brought out tn
fact that DR.. Williamson had no per
sonal knowledge OF any Of the record
prior to January 1. 1912.
The records were. however. ailowe.
az evidence by judge EnRlert.
Motions OveEruled.
Mr.. O'Connor then made his mo
tions which were denied by JudE
Englert with the exception alread
noted. The Jury was excused from
the court room while these motion
were. submitted. Mr.. O'Connor an
nouncod that the defense would res
without calling any witnesses.
Mr.. Elton in his address to the jur
maintained that the state had prove
its case by showing that Kirby ha'
rendered medical services ha
diagnosed cases. and had signed
death certificate containing such
diagnosis. On these grounds he de
mSnded a verdict Of guilty. His ad
dress occupied less than 20 minutes.
Speaks for Defense.
Mr.. Anderson spoke for the balanc
Of the morning session. He declare
that there was no evidence showin
that Kirby had held himself out as
doctor or one able to make diaKnosii
and pointed out that although the ev1
dence had shown that there wer
hrEe numbers of persons In the de
fendAnt's rooms at the time the state
Witnesses called there. none OF thes
persons had been called as witnesses.
i Just before the court adjourned 70
4 ,its noon recess he began to hin
strongly at an Interior motive in tn
prosecution Of Kirby.
ARGUMENTS IN
ApRTTCKI j TRIAL.