The Devils Lake world., 1922-02-01

M. j. Englert on the motion of J. F.
T. O'Connor, chief counsel of Kirby.
This was the charge that he had MAIN
tained on Office at Northwood for the
practice of medicine. Mr.. O'Connor al
so moved for the taking away from
the jury Of several of the other counts
in the information, and for an instruct
ed verdict of not guilty but these mo-
tions were denied by the judge.
Mr.. O'Connor then announced that
the defense would rest without put
ting any witnesses on the stand and
the final arguments by the attorneys
btgan.
Englert Thanks Jury
When the jury returned its Verdict
Judge Englert thanked the jurors,
and congratulated them on the con-
clusion reached saying that it was the
flroper verdict under the evidence
submitted in the case.
Drop Manslaughter Charge
Commenting ON the verdict States
Attorney T. B. Elton said that it
would be useless to try Kirby on the
charge of manslaughter on which he
was also held to the district court and
for which the selection of a jury was
scheduled to begin at 10 o'clock this
morning. .+r
To try Kirby on the more serious
charge after he had been acquitted on
the minor charge of practicing medi-
cine without a license would be, he
said, simply useless expense to the
taxpayers. For this reaso1 he said,
he would ask for .linissal of the
manslaughter charge when court con-
vened at 10 o'clock this morning
The court room was crowded
throughout the day Tuesday, large
number of would-be spectators being
unable to gain admittance. l'he
crowd included a number of Kirby's
friends from Northwood, and the sur
rounding territory.
Kirby's case was handled by j.. F..
T. O'Connor of Grand Forks, assisted
by V. E. Anderson of Wheaton, Minn.,
an old friend of Kirby's. Both took
part in the arguments to the jury
which resulted in the defendants ac-
quittal. States Attorney T. 3. Elton
appeared Cor the state.
Came From Minnesota
The defendant came to Northwool
from Thief River Falls, MINI, at the
request, it is said, of the Northwood
Commercial Club. His arrest on the
charge Of practicing without license
arose from hsi alleged treatment of
large numbers Of patients suffering
from various ailments. His usual
method of treatment, it was said, con-
sisted Of painting some portion Of the
patients anatomy, usually the throat
with combination of chemicals.
The death of one Of the men he
was said to have treated in This man
ner resulted in a charge of man.
slaughter being preferred against him
Immediately after his arrest on a
charge of practicing medicine with
out license.
He was given preliminary hearings
on both charges and was bound over
to the district court.
Morning Session
Only two witnesses were placed on
the stand by the state Tuesday morn
ing. They were B. o. Sorbo of Grand
Forks, who testified to having gone to
Kirby for treatment when he was
suffering from rheumatism, and DR..
G. M. Williamson, secretary of the
state board of medical examiners, who
placed in evidence the records of the
board with view to showing that
Kirby was not licensed to practice
medicine in the state. and had never
made application for such license.
His evidence was accepted over the
objections of counsel for Kirby.
Mr.. Sorbo was the first witness
called Tuesday morning. He testified
that he had been suffering from rheu-
matism, and had gone to the Offices
occupied by Kirby at Northwood. On
the advice of Kirby, he said he had
had his throat painted by one of the
other men he found in the same set
of rooms, and had paid this man Sc
for the operation.
Elton Sums Up
Mr.. Elton wound up the case fo,
the state, speaking in rebuttal of the
arguments advanced by Kirby's at