The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-06-01

in ink between the type written lines
at the time it was before the grand
Jury for action. He remembered
more distinctly because one word was
blurred and the county attorney had
informed him that he had originally
written the word SIS" but erased it
and wrote "are."
VIM. McMahill, clerk of the grand
jury, testified that the Indictment as
it now is is exactly the same as it was
passed upon by the jury. He remem-
bered distinctly A. Smiths question
as to the word ''are" being blurred,
and Mr.. Benedict's explanation.
w. G. Eurman, a member OF the
grand jury, made an affidavit Of SINH
lar purport as the two previous ones.
Mr.. Pau stated that those three
were the only members OF the grand
jury that the prosecution had been
able to see. That mistake was made
is not wonderful, and in comparing
the original with the copies it was
probable that the interlined words
omitted. 1t is probable that other
other similar mistakes would be found
in the Indictment, if the records of the
past twenty years were gone over.
Liz CODy VI Oul OlCuOW > III
dictment is different from the orig
inal.
Mr.. Pfau spoke of Mr.. Benedict,s good
name and deprecated that attempt to
charge him with forgery or attempted
forgery. 1t would take many
| atf1davits of many people to make him
believe anything against Mr.. Bene-
diets honor. Mr.. Pfau referred par
ticularly to the affidavits of the de-
Tense, to show that they were not
thoroughly reliable, All of the writ
ing by pen and ink is the same, with
the same pen and ink, except where
the grand jury officers filled in the
blanks. 1t shows that Mr.. Benedict
was right when he said that he wrote
in the names of the witnesses at once
after doing the interlining in ques-
ton. He did not want to charge the
Hughes Bros. with doing an inten-
tional wrong, but they were lead away
by their zeal for their client.
Mr.. Cray stated that there was no
question of forgery against the county
attorney, as there was no intention.
The books hold that in some cases the
prosecuting attorney has a right to
make an amendment, and if this is
the case andMr. Benedict thought that
he had such right, the only question
is as to the affect of the amendment
on the Indictment and upon the priS-
Oner.
The defense claims that the burden
is thrown upon the state to explain
the intentions. Certified copies stand
on an equal with the original, under
the laws Of the state. There are two
separate copies created by different
officers Of the county, which stand as
silent witnesses. Mr.. Cray received
the evidence presented by both sides.
We are impugning nobody's motives.
1t has come to us that at least one
member of the grand jury has no
memory OF such transaction as took
place in the grand jury room, as has
been testified to.
Mr.. Pau took the ground that any
such alteration as is charged could not
affect the prisoner. That any person
should write upon an Indictment will
not release prisoner. Any additions
could not affect this prisoner what
ever might be done to the mutilator.
Judge Severance stated that he did
not care to hear arguments upon the
effect of the alleged change of in
dictment upon the prisoner. He
stated that court would take a recess
until 1:30 o'clock, when he would rem
der decision.
When the court convened, Judge
Severance read his decision upon the
| objections raised by Conway to the in
dictment. He found the Indictment
to be the same as the one found by
the grand jury, and not altered or
changed in any regard. He denied
the motion of the defense for a dis
miSsal. He stated that he had de-
cided the matter of fact, and had fol-
lowed the great weight of evidence.
He accused no one with false swear
ing or procuring. Mistakes were apt
to occur.
Attorney Cray asked that exceptions
be entered to the ruling, and this was
granted.
VIM. Buckholtz was recalled to the
witness stand. He testified to hear
ing shot fired on the night of Sept.
Ind, 1893, and to hearing a scream.
The shot and scream were almost in
Simultaneous, but it seemed as though
the scream came first. With j. e.
Mullen, L started toward the sound,
and on reaching Broad street heard
groan, following the sound of which
we went to Harry Walraven's property.
There we found Harry Walraven's
body, lying on the lot between the
house and the McBroom house. We
found him lying on his face, moaning.
The front door was open and there
was light in the hallway. Heard no
footsteps OF any person running or
walking at any time. Witness testi-
fed to finding heavy hickory cane
under the body, and to pulling it out.
The watch chain was broken, but
witness thought it was broken by
pulling the cane from in under him.
Walraven spoke no word He was
shot near the heart. He had two
large pocket books containing cur
rency, and buckSkin bag containing
silver and small pocket book con-
tanning gold. The night was rather
dark, and the moon was just rising.
The court excused the jurors not on
the regular panel until Thursday at
1000 a. m.
James A. Thomas was admitted to
citizenship.
j. e. Mullen was called, but the
sheriff stated that he had been unable
to locate him with subpoena.
Mrs yVa Won woo oalIo1 - tl,o