The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1897-01-01

with the closest s., attention. He
opened by referring to the duty of the
jury as the body selected to try Bal
ser upon the highest charge that can
be presented against anyone. He
spoke of the terrible crime which Bal
ser had committed gin shooting down
a helpless woman sin front of her
place of residence. almost in sight of
( the jury. He said nthat he would
make it plain that Balser knew what
he was doing when he shot his wife.
| The extent of Balser's drinking on
Monday morning, as shown by the
evidence, is half of ten cents worth of
whiskey, bought by his boy early in
the morning, and glass of beer later.
Balser on the stand did not say he
had drank more than that.
Mr.. Benedict took up the evidence
in detail to show that Balser was in
the perfect possession of his senses on
the morning before the shooting.
Anyone can claim to forget the occur
rences of any week. Balser is not to
be blamed for wanting the terrible oc-
currences of Monday forever wiped
from his memory. Balser said after
doing the shooting shat he was going
to be arrested. When he said that,
do you not think that he knew that
he had done wrong. He told Chief
Yates that the reason for his deed
would all come out con the trial"
What did he mean nby that, but that
he had done something ito be tried
for. What did he ask to be placed in
cell quick for, but that the great
coward was afraid of the crowd that
was coming up town. He said on the
way to the jail that he was glad that
he had done no half way job. He said
that he had told his wife four weeks
before that he would shoot her. None
of this evidence is denied, any more
than the fact of the shooting. Balser
sent for medicine for his leg soon after
being placed in jail Balser told the
reporters that he did not care to make
a statement, which is the reasoning
of a sane man instead of one in
stupor. Balser went hack and forth
from the municipal court, and yet he
claims that he does not remember it.
When Balser claimed that he came
to himself Thursday noon, he made
no inquiry as to why he was there,
but only asked for his dinner. Is that
reasonable in man under the circum-
stances that Balser claims that he
was under. There was one place
where Balser's story is Weak-where
| he admitted that he went to the
Omaha track Sunday and saw the
workmen. This admission was slip
on his part.
| Mr.. Benedict then went over the
evidence that Balser was drunk, and
sifted it down to very little. He
would admit that Balser occasionally
| got drunk. He referred to his pre-
vious threats against his wife's life.
Balser's condition Immediately before
and after the murder was then con-
sidered, the evidence being con-
strued to show that Balser
was in the complete possession
of his mental faculties. He was able
to transact business. He had attend
ed the political meeting Saturday
night and was able to tell about it
Monday morning. He was able to
walk unassisted into the Jail.
A person who has committed such a
crime as Balser has may well sit in
the court room with his hand to his
face. He became penitent after be-
ing in the Jail few days, and he
would be less than human ii he did
not.
Mr. Benedict took up the question
of generalization and referred to
Balser's threat that morning in the
dining room to shoot his wife. He
closed by referring to the great i'm
portance of this case, and the great
duty which devOlves upon the jury.
AS county attorney he has tried to dc
his duty. 1t was the last case that
he would try as prosecuting attorney
of the county. His perOratiOn was
beautiful and touching. He occupied
an hour and five minutes.
After recess, Attorney Pfau adj
dressed himself to the jury at
$3.50 D. M, and made for
chile and incisive argument, and
did not fail in his duty to his client.
The arguments will probably be
finished :this afternoon but it is
doubtful if the case goes to the jury
today.