The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-06-15
LAYNE DISCHARGED.
Judge Severance Tells Him That His
Presence in the City is Not
Longer Desired.
Several Cases DismiSst d for Want of
Prosecution-The Jury Dis
charged for the Term.

shadow of dark suspicion will
always follow him. Officially, the
murderer of Harry NJ. Walraven will
never be known, unless there are
future developments.
At two o'clock Saturday Layne
was brought into court. After much
consultation, the court asked whether
the defendant was ready for a trial.
Byron Hughes stated that he was
County Attorney Benedict then
arose and said that Conway having
I had bis trial and been acquitted, and
that being the stronger of the two
cases, be thought that the officers of
the state had gone far enough and
used due diligence to secure and con
vict the proper persons. He knew
that fault would be found with him.
whichever course he pursued, but he
was acting for what he considered to
be the best interest of the public. He
examined carefully the evidence which
was now at hand, and he considered
prorersto move to nOlle PROSE- the in
dictment and that the defendant be
discharged, on the ground that there
is not sufficient evidence to secure a
conviction. He might err in this, but
he thought it best.
Judge Severance said that in cases
of this kind it is the duty of the court
to grant the application of the county
attorney unless this is found to have
been made without proper foundation
or from wrong motive or purpose.
He had a general idea of the case by
the reports published from time TO
time, and officially from the trial Of
Conway. He knew no reason to as
sumo that the application was not
made in good faith, or that it was not
based on well founded belief as to
the case. The county attorney had
implied that the trial of the case
would involve large expense and
would have no good results. There
was no question but that a murder
had been committed in this city, and
that it was perpetrated for the pur-
pose of robbery. There is very little
division of public sentiment as to who
the guilty parties are. Conway has
had his trial and been acquitted.
He was not apprised that the evil
dence in this case is as strong as in
the Conway case. He had no reason
to find fault with the verdict, when
all the circumstances are taken into
consideration. Before the Layne
trial would end there would be large
expense and no good would result.
No conviction could be secured on
the evidence that would stand the
test of the law. Were a conviction
secured, the court could not be salts
fed, but would have to set it aside as
not justified by the evidence. While
regretting to do it without an oppor-
tunity of further investigation, he
deemed it his dutyat to grant the appli-
cation of the county attorney, tn ere
being no objection on the part of the
defense. The prosecuting witness
and her friends desire this trial to
proceed.
Attorney Pfau arose at this point
and said that he had had conversa-
tion with Mrs. Walraven and that she
would be satisfied with whatever is
done in the case. For himself, he de-
sired to say that he was of contrary
opinion from the county attorney and
the court. He desired that Layne be
prosecuted.
Judge Severance then declared the
motion of the county attorney grant
ed, the Indictment dismissed and the
defendant discharged. Addressing
himself to Layne, he said: ''This
community entertains strong Suspi-
cions in your case. Your continued
presence in this community after this
will be tolerated most begrudgingly.
You are discharged"
Layne shook hands with the court
officers and had a short whispered
conversation with his at
torneys, the Hughes Bros, and
then passed out of the court room.
He will probably not long remain in
the city after the remarks of the
court. He repaired to his wife's
boarding house and said he would
sign the pledge not to drink.
The petit jurors were then discharg-
ed for thei term, and court took re-
cess until Monday morning at ten
o'clock. At that time it is probable
that court will adjourn for the term.
The jury in the case of Milo Tan
ner retired at APO O'Clock yesterday
afternoon and agreed upon sealed
verdict which was returned this