The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-18
BALSER'S TRIAL WILL COM
MENCE THAT DAY.
Several Days May Be Required to
Secure Jury-CaSe Expected to
Occupy Week-CroOk's Case
rlay FoIlow-Wm. Pagenkopf Sued
by VIM. Leisner to Secure 2,O5O-
other District Court Notes.

No business was transacted in the
district court Friday and the rush fol
naturalization papers is over. Only
three papers were reported this after
noon. The reason for this subsistence
Z is that the most of those who have
| been taking out their second papers
| did so in order not to be deprived OF
their vote on township election day.
! In order to vote then, it was neces-
sary to take out the papers three
months previously, and the ninety
] day limit has now expired. Those
who vote at the municipal elections
| in April will have several weeks in
which to secure their papers.
County Attorney Benedict states
that the trial of Louis Balser on the
charge of murder III the first degree,
will be taken up next Thursday, Dec.
18th. Court will meet to try
cases Tuesday, and a minor
criminal case will probably be
taken up then. Mr.. Benedict expects
that week will be occupied with the
Balser case, including .the time re-
quired in drawing jury. In order to
facilitate matters, he will probably
ask the court to issue special venire
for fifty or sixty jurors, to be secured
from the extreme northeast part of
the county. Balser has lived or is
known in several other parts of the
county. In any case, much trouble is
anticipated in getting a jury.
The principal endeavor of the de-
tense will be to save Balser's neck,
and his attorney will undoubtedly
take advantage of the extreme lati-
tude allowed the defense in murder
case in selecting a jury. If Balser is
convicted, it will not be because of
any neglect on the part of the defense
in selecting a jury. The statement
has been made that Balser was willing
to plead guilty to the charge of MUIR
der in the second degree and take a
Fife sentence. The county attorney,
of course, would not entertain such a
proposition, as the state believes that
Balser will be convicted of murder
in the first degree. Mr.. Benedict will
conduct the prosecution unassisted,
and has his evidence we'll in hand.
The main pitfall for the prosecution
is likely to be the accidental empan-
cling of one or two jurymen who are
, opposed to capital punishment, but
Mr.. Benedict will endeavor to avoid
this by asking the question of each
juryman before he has been accepted.
The trial of Crook may follow Bal
ser's trial, but this will depend largely
upon circumstances. Should Balser
be convicted of murder in the first
degree, Crooks attorney will be will
ing if not anxious to have the case 60
over until the May term. In case a
different result occurs in the Balser
case, than Mr.. Young will be anxious
to press the trial of Crook. AS Mr..
Benedict will be assisted by Mr..
Cray in the prosecution of this
case, the state will be paratively
fresh and ready to proceed. Crook was
disappointed that the indictment
against him was for murder in the
first degree rather than lower
charge. Mr.. Young will make the
fight of his life to save Crooks neck,
and will have some advantages that
Mr.. Pfau does not have in the Balser
case. Crooks relatives will furnish
all the funds necessary for the de.
Tense, and there does not exist the
prejudice against Crook that there
does against Balser. The defense
will depend upon this fact and the
further fact that Crooks victim is
the subject of many unpleasant
stories. Who started these stories,
or for what purpose, or how
much truth there is in
them may never be known unless the
matter should be aired during the
trial. Some of these stories have nc
bearing at all upon this case, but are
intended to create feeling of repug-
nance toward the deceased and one
that would tend to mitigate Crooks
act. Crooks friends will probably
take care that the jurors hear these
stories, whether the court admits
them in evidence or not, unless eX-
traordinary precautions are taken.
A civil action has been started by
VIM. Leisner against VIM. Pagenkopf
to recover $1,000, which the plaintiff
laix = L.. IL lnn.aaI L. |. 1af.