The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-17

gust before Smith said that LedbeteF
would be dead the following year. The
Estate cannot select its witnesses, TAX
ing the evidence that good citizens
here and there bring to it. 1t is the
states duty to present all of the evil
dence that it has. The witness served
his country in the army, and the
worst that can be said of him is that
he left the army one day in obed-
fence to the command of a superior
officer. Does not this evidence tend to
show that Smith had a guilty knowl
ledge that something that was to oc-
cur that would deprive Ledbeter of his
life?
Mr.. Peterson resumed his argument
after the morning recess. He held
that it was absolutely unreasonable
to believe that the defendant assisted
i'll tne burial and not in the crime it
self. This was disproved by a num-
Der of witnesses, to whom Smith made
statements Smith told p. A. Led
better that "we intended to kilr' his
brother by throwing him from the lad
der in the barn, distance of thirty
feet or more down upon a pile of
stones on the ground The witness
meant by "we" Mrs. Ledbeter and
himself If she intended to do it,
as was brought out on cross exami-
nation, Smith intended to take a part
in it. In the county Jail, the night
of their arrest, the charge was passed
| back from one to another, and the
charge of buying poison was talked
back and forth. The defendant said
that he thought ''kilP' meant the
same as ''bury." Was that reason
able? All this shows to all fair
minded men that the defendant had
more to do than merely to bury the
dead. The language used by Smith in
regard to being in it as deep, one as
the other, ties the defendant up in
it. With all these things uncontra
dicted, it seems unexplainable that
the defendant had nothing to do with
it further than to bury the dead and
conceal the crime. Everything seems
who committed the crime. If ne did
it in whole or in part, it is the duty
of the jury to convict. In case of a
guilty under the law as the one who
did the act. If there was a cOnspir-
acy and the bedroom story was true
for there was no scintilla of evidence
that Smith. had repented
What Makes Evidence of a Conspiracy
| What makes up the evidence of a
conspiracy? The things that tend to
prove the talks of the defendant and
Mrs. Ledbeter and their acts tend to
prove that the defendant was in
conspiracy and guilty The defendant
/ Il
guilty knowledge. He laughed and
joked and said there was no use for
them to dig, and that they might
better have brought out a key of
beer on such a hot day. This cir
cumstance alone tends to prove the
charge. The false stories of the de-
PENDANT, his digging the false grave,
making the false footprints, and other
things tend to prove that he did more
than stand by while the killing was
done. All this stands uncontradicted.
What was shown by the defense?
That little dog bit the defendant
on the finger and his wife slapped
him, but thereafter tied up the
wound. That the deceased was
heavy tobacco chewer and did not
chew before breakfast This was all
| of the evidence that the defense
brought out, aside from on cross eX-
animation. All the evidence tends to
show a conspiracy, and which did the
heavy work does not matter.
This is the Christmas season, with
Its traditions and the urging of good
will toward men and peace on earth.
Two thousand years ago a child was
born in the far east-the gentle Christ.
A hundred years ago was born child
in rude surroundings in Kentucky-the
martyred Lincoln. Fifty years ago
there was born babe who later be-
came Governor Johnson-whose mfiu
ence spread over the world or the
country. They climbed the ladder of
fame. The defendant at bar violated
the sanctity of home and took away
the husband and father. He built a
ladder for his own defeat and destruc
ton. The hand of the state is rot
extended in vengeance on the defend
ant, but merely to enforce the law.
The speaker was not a criminal law
yer. This was his first criminal case
in over year. His duty related to
the taxation laws, but he was here to
present the case so ably prepared by
his colleagues. He would return home
with the feeling that he had done
nothing but what was right and prop
err, no matter how the case is de-
cided. The government of the county
and of the state is on trial. If the
evidence shows guilt beyond reason
able daubt, the duty of the jury is
clear. 1t is felt that the jury will
do the right thing, on the evidence be-
fore it. The infiction of the punish
ment was not for the jury, but for
others. In this Christmas season, may
the good God help it in its delibera-
tions so that it might arrive at a
| fair decision.
Recess was taken until 2 p. M, at
| the conclusion of the argument at
| Has a. M. Mr.. Peterson was com
plimented on the ability and eloquence
| that he had shown and the able pre-
sentation and conduct of the case.
Another recess was taken until nine
o'clock tomorrow.
Juror Rooney Ill.
Juror Thomas Rooney was a suf-
ferer today with stomach trouble, and
suffered all the forenoon This after
noon he felt so bad that the case
could not proceed, but he thought that
If he could lie down an hour or so
he would no ahla to nrooaad Tho