The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1894-06-08

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position toward others were very
good.
Deputy sheriff Frank Davis testi-
fed to about the same thing.
AT 4:45 p. m. the defendant rested,
and recess of five minutes was taken.
John j. Anderson was called in re-
buttal and testified that his sister-in-
law, Christine Johnson, had told him
that when she went to make Conway's
ped the morning after the murder the
bed looked as though it had not been
used the previous night.
Sheriff Glynn was recalled and testi-
lied to measuring the tracks in the
alley back of Walraven's the morning
after the homicide. Also saw the
same tracks at the cellar door of the
McBroom house, between the stone
wall and the house. The state offered
to prove that these tracks led from
this place to the alley, and the court
refused the offer on the ground that it
was not rebuttal. The state made the
claim or the theory that they are not
the tracks of Conway. The witness
presented a stick with which he had
measured the tracks in the alley. 1t
was l09 inches long.
The stated rested at 5:45 p. m. The
defendant also rested.
Court took recess until 900 today.
| Attorney General Childs opened his
closing argument to the Eury when
court convened this morning. He
spoke ably and eloQuently. He said
J that we see Harry Walrayen starting
for his home on moonlight night.
Before he reached that home shot
rang out On the night air and Wal
raven dropped dead. | need not
apologize for the zeal of the officials in
their endeavor to ferret out this crime.
When crime is committed it is not
necessary to learn of it from the lips,
as it speaks from many circumstances.
We need not be told the cause of
death, where we see the charred and
blackened remains of one burned to
death. What need then of an eye
witness to the shooting? Were all the
reputable citizens of Mankato to
testify that they saw the shot fired
from revolver held in the hands of
VIM. Conway, it would not make the
fact Of his death by shooting any more
sure. We are forced to depend largely
upon circumstantial evidence, as may
readily be seen, no one having seen
the deed. In the minds of some, Cir
cumstantial evidence is not the
highest. But the circumstances are
not to blame, but the weakness of hui
man judgment. When you have a
whole series Of circumstances all
pointing the same way, then they
should be considered. Unless this is
SO, you must flood your streets with
light and place sentinels at your street
Ecorners, your door sills, as you will
need them all to protect you against
secret assassination.
Walraven was evidently q man who
i. loved to display his money and boast
Of it. At the time of his death he
had some S217 on his person. We find
Layne lounging at the Walrayen
saloon, and pawning gold ring there,
and attempting to pawn revolver.
He secured lodging at SchwartZen-
bach, and after the family goes away
| he breaks into the house. Conway
goes to the Commercial House and
stops there. The evidence is irresiSti-
BILE that Layne was utterly without
means while in the city, and you will
search the evidence in vain to find
that he was engaged in any honorable
business here. He took every OppOr-
tunity to gaze on Walrayen's money.
On the very day before the homicide,
he takes occasion to feast his eyes up
on Walraven's fattened purse and
makes remarks about it. He Dor
rows Schwartzenbach'S revolver and a
handful of shells. Whoever planned
the murder was some one who was
familiar with Walraven'S habits and
the geography of the neighborhood.
We have traced to Layne and Conway
all of this knowledge. Conway meets
Empey and, as poor as church mouse,
he proposes to a man he had never
met before in his life that he had a
scheme to make 5000 or 500. If he
said that, it is as certain as the light
of day that Conway was breeding this
attempted robbery in his mind. Don't
be deceived with what Conway says
about having a brick burning device.
That statement was made with pur,
pose, to meet the testimony of Empey
If Conway had such device, do you
suppose that he would make PROPOSE,
tion concerning it to Empey, a strip,
ling stranger?
We find the revolver that Layne hao
transferred to the hands of VIM. Con
way. | will suggest to you how
Employs testimony was enriched by 9