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

HuIl1du lllC. liz UCSUllcu w LUZ ICIuO-
lance. The speaker reviewed in de-
tail Employs testimony, and showed
wherein Conway's own statement cor
roborated it. Employs story has re-
NAMED unchanged from first to last.
1t seems to me that this boy appears
in this trial monument Of truth.
every eXpedient known to destroy his
credibility as a witness. | do not see
how it is possible to eliminate the
story, or to arrive at any other conclu-
sion than that Empey told Gods
truth on the stand. Any doubts as to
the Importance placed upon this Ues-
timony must be dispelled by the i'm
portance placed upon it by at least
two of the attorneys for the defense.
In all lands the attempt at destruc-
tion of evidence is taken as an &C
acknowledgements of it's Importance.
| Efforts have been made to place EN-
pey beyond the reach of the court as
witness. We gain more confidence
in the boy by his description of the
facts preceding his leaving the city
for Lincoln. He at once writes the
county attorney of his whereabouts.
The defense placed upon the stand
witnesses who corrOborated his state
ment in all respects. You have dis
covered that during the progress Of
this trial Empey has been a subject
of solicitude by the defense. We
have the most unusual occurrence of
this unfortunate lad being taken into
the camp of the defense, although
the states most important witnesses.
We find him in the company of five
trained, experienced, crafty lawyers,
two of them eminent in their profess
sion. We find those five guns trained
on that defenseless boy. A distin-
guished attorney Of Iowa has done
his part. Still we find the boy unim-
peached. Admitting that Geo. En-
pey, a poor, unframed, uneducated
boy, especially in the imposing pres
ence of Judge Cook, offered to do
thus or so, does it indicate anything?
Has he ever offered to perjure himself
against the defendant? That is as
far as darkness from light. | can
conceive how a witness may desire to
sell his testimony or go away to avoid
teStifying against a man. In all my
experience l never yet found a man
who would sell damaging testimony
against man to prosecution. So, L
believe the assaults have fallen harm
less at Empey's feet.
Court took a recess until 200 p. m.
When court opened this afternoon
the room was crowded with spectators,
large proportion OF whom were
ladies. The interest in the arguments
seemed to be intense, and attracted a
large number of members of the bar
association.
Attorney General Childs resumed
his argument. He said that whoever
would procure the absence Of an i'm
portant witness for the prosecution
is reprehensible from whatever point
of view it is looked at. A trial of
this character is for the purpose of
prosecuting men for infringements Of
of the law All should have an in
terest in the enforcement of the law.
An attorney is bound to give his best
talents to his client, but beyond that
he is not expected to go. The state
paid the witness only what the law
allowed. The county attorney was IN
duty bound to see that Mr.. Empey
was present at the trial. and in max
ing provision for his being here he
did what was right and expected of
him. Empey has not been impeached
by his own replies to questions on
cross eXimenation. The written
memorandum, instead of tending to
impeach, tends to strengthen the
testimony of Empey Conway at
tempts to prove an alibi, yet it is un-
supported except by the defendants
own statement, which is very strange.
The man whom Mrs. Hitchcock heard
running through the alley was the
man on guard. They would not both
run in the same direction, and Con-
way goes to the Schwartzenbach
house. So there is nothing in the
foot steps out of the way. or at vari-
|, ance with the the theory of prosecu-
tiOn.
The evidence established the fact
that the upper room in the Walraven
saloon building was a gambling room.
After Walraven left this room, the
evidence is that no one left the room
until learning of his death. We are
, all agreed that such an institution as
this gambling room is most perniciOus
to the morals of the community and
ought to be rooted out, but for the
purposes of this case the character OF
the victim is of no moment. The