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

Sold by Druggists or postpaid receipt OF price
HUMPHREYS NED. CO., Ill lis William St.,
81 day could be had, and VIM.
Hughes said he knew nothing about
| the letter, but asked me what | would
take to 60, and | said | would not say.
VIM. Hughes said he would give me
$50 to 60 with, and perhaps there
would be money awaiting me when |
got there. Byron Hughes offered me
his draft for $50 if | would go and stay
until after the trial. They gave me
So, and spoke of getting a carriage to
drive out of town to catch the train,
as we might be watched in town. 1t
was decided to walk out to the Mil
waukee trestle, where the train stops,
and get on there. | spent the evening
at VIM. Hughes house. We three
walked out to the trestle, broke off
some boards and lay on them. Hughes
Bros. hid, and got on the train.
They handed me $25 in VIM. Hughes
house. Did not buy ticket. Went
directly to Sioux City, and thence to
Omaha and Lincoln. VIM. Hughes
had told me that Layne had brother
at Lincoln, named Charles. The lat
ter came to Attorney Parker's office
while | was there, and took me down
to his place of business, that of but
ter and eggs. The first night at Lin
coin | wrote to County Attorney
Benedict. When l decided to go back,
they told me that | need not go, I'M
der the law, unless | wanted to. |
visited Hughes Bros. office after re-
turning, and they spoke to me about
the case. VIM. Hughes asked if
| did not want to take a trip,
or had any relatives [ wanted
to visit. They felt as though
l had fooled them on the Lincoln trip,
and did not know that they would
care to lay out much more on another
trip. | said on the start that l was
going to testify as on the first trial.
Mr.. Cook told me that the case was
dropped and would go no further. He
said that he would never believe that
my testimony was true.
An American bull dog revolver was
offered in evidence by the state, and
witness stated that the one Conway
showed him was similar to it. 1t
is understood that this is the long
supposedly missing revolver with
which it is claimed the shooting was
done. 1t has been repaired, as it or
iginally had a broken spring.
The witness, Empey, left the stand
at 5:15 p. m.
A. HI. Schwartzenbach was sworn
and testified that he first met Layne
in Worthington last July.
The defense objected to any testi-
mOny showing the movements of
Layne, but the court over-ruled the
objection, on the ground that it was
permissible to try to show conspiracy
between the parties, there already
being evidence to that effect.
Witness testified that Layne had
stopped at his house, and that he had
borrowed his American bull dog revol-
yer theiday witness and family locked
the house and went to Good Thunder
to stay a couple of weeks. Also hand
ed Layne a handful Of 80 calibre cart
ridges. There were no empty or load
ed shells in the revolver. Witness
stated the location of his house, being
near that Of Walraven, by way of the
alley-only two lots away. 1t was
easy of access from the Walrayen
house to witness house.
The court stated that the laws of
the state make Decoration Day a
legal holiday and prohibits public
business on that day, save work OF
necessity or charity. If the court
should decide to go on with the trial
of this case tomorrow on the ground
of necessity, the decision would pro.
badly be undisturbed. People are
imbued with patriotic sentiments.
and as there is no overwhelming ne.
cessity for the trial of the case, and as
it is supposed that all want to par
ticipate in the exercises for which the
day is set apart, court would take a
recess over the day. The times that
have come upon us may make us
think that those who gave up their
lives did SO in vain, and that the liv-
ing have lost their time. Yet the
purposes of the day ought to be OBJ
served.
None of the attorneys having any
objection, a recess was taken until
900 a. m. Thursday. The court eau
toned the jurors against discussing
the case among themselves, as,all per-
sons are infrm, and opinions once
formed or expressed are hard to be
reversed.