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

material. The state had intended to
show that the information came from
Employs brother-in-law, to whom
Empey had told his story.
VIM. License was sworn, and testl-
fed that he is a brother-in-law OF
Geo. Empey. Was at Timber Lake
with him and several other boys the
day of the murder, starting Saturday
and returning Sunday night. Empey
was living with me at 266 n. Front
street. The defense objected to the
question as to whether witness gave
the information upon which Empey
was secured as witness, on the
ground of being irrelevant, incompe-
tent and immaterial. The objection
was sustained.
NJ. B. Haynes testified as to the dis
tances on a plat of the ground about
where the homicide occRrred. The
plat was offered in evidence.
County Attorney Benedict took the
witness stand and testified to receiv-
one Of the reyolyers exhibited from t.
II. Andrews and the other from Louis
J orlando, and the empty and loaded
cartridges from A. III. Schwartzen-
bac
VIM. Davis was sworn and testified
to being in Harry Walraven's saloon
the night of the homicide until 1:3O
o'clock, when he went to Harry Wal
ravens house, after hearing of the
killing, Went upstairs at ten o'clock
that night and was there all the time
until | heard that Harry was killed.
Harry came UP shortly after | did, and
stayed until after twelve o'clock,
when he started for home. No person
left the room from the time that
Harry went out until we heard that
he was killed.
At 4 80 the state rested.
Mr.. Cray opened for the defense,
and a recess was taken until morning.
FROM SATURDAYS DAILY,
Cooley Root was sworn yesterday
afternoon and testified that he is pro-
prietor OF the Commercial House.
Conway stopped there six weeks be-
fore the death of Walraven. He had
room IA. The night of the killing [
retired at about twelve O'Clock. Con-
way was not in his room that night a
few moments before | retired, as |
went to his room and put his key in
his door. Layne slept with Conway
one night some time before the MUIR
der. Don't recollect ever having to
put the key in COnway's room before
or after the occurrence, though /
might have done it. Conway was
there to supper the Saturday night.
and to breakfast the next morning.
Don't know whether the room was
occupied any time during the night.
DR.. Warner was recalled and testi-
: fed to Walraven breaking his leg two
years before bis murder. Walraven
was very strong, powerful muscular
man. He walked little lame as the
fractured limb was little shorter
than the other, as is common in cases
Of fracture of the hip joint.
Otto Mann testified to being in the
room over Walraven'S saloon on the
night of the murder, being there from
9:15 p. NJ. to nearly 200 a. N. From
; the time that Harry left for home I'M
: til we heard of his being shot no one
; went out.
Mrs. Walraven was recalled and
identified her husbands coat and vest,
which was introduced in evidence.
The cane was also offered in evidence.
At 4:30 o'clock the state rested.
Lorin Cray opened the case for the
defense. He said that the state had
introduced very little positive
testimony, but the most of it has
been circumstantial. The defense
will undertake to further enlighten
the jury as to the character of the
evidence of the states witness, EN-
pey. 1t will also undertake to show
how the state has employed detec-
tiAes to search out the case. 1t will
be- endeavored to show that the state
is making a terrible mistake and
that the real criminal is other than
the defendant. Many circumstances
will be offered to explain or modify
much of the states evidence We
shall attempt to show the history of
| Continued on fourth nape