The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-17
THE TRIAL OF SMITH
Continued From Page Three

say creek?
a. Yes, sir.
Q. The defendant has somewhat
imperfect pronunciation of words.
A. He has a German accent.
@. Are you willing to swear that
he didn't use the word creek?
A. Yes, sir.
O. Did YOU recognize the voice that
spoke to him?
A. | could tell that it was the
whisper of woman's voice.
Q. Did you recognize the voice?
A. No. sir.
Q. Who was up in that building
that morning, besides Mr.. Smith? This
is in the upstairs of the Jail, wasn't
1t!
A. Yes, sir.
Q. What persons were up there in
the Jail that morning besides Mr.
Smith and yourself?
~ The only other person that
saw while there was Mr.. Kelley.
Q.Was Mr. Kelley up there, too?
Ale wasn't at the time of the con-
versation.
Q. Well, at the time of the CONVEX
Sation what other persons were in the
upper part of that jail?
a. / don't know.
Q. Was Grace Ledbeter up therei
A. | didn't see her.
Q. Do YOU know where her cell is,
where she has been kept this sum-
mer?
A. Yes, sir.
Q. And was it from this cell that
the voice came?
A. In that direction.
Q. Now, where were you when this
when you took your notes?
A. l was sitting on chair right
along side of the door.
.. How close to Frank Smith?
A. About half the width of the
door, say three feet.
O. Frank saw you all the time, he
knew you were there&
A. Yes, sir
Q. Were you sent up there for the
purpose of overhearing the converse
ton that would corroborate the story
of Frank Smith?
Mr.. Peterson: Objected to as call
ing for a conclusion, no foundation
laid.
Mr.. Schaub / will ask you if that
was said to you when you went up
thee by any one!
Judge Pau: Objection is sustained
as the question is now.
Mr.. Schaub: As to the last question,
or as to both questions?
Judge Pau: Yes.
Mr.. Schaub: Who were YOU sent
up there by?
a. Mr.. Geddes.
Q. Were you taken into the cell of
Frank Smith?
\. Yes, sir
Q. Did Frank Smith say that he
was willing to let you overhear any
and all conversations between himself
and Grace L. Ledbeter?
Mr.. Peterson: Objected to as call
ing for conclusion.
Judge Pau: Objection sustained.
Mr.. Schaub: Did he say that he
was willing to have you remain there
and listen to the conversation?
Mr.. Peterson: Not proper cross ex-
animation
Judge Pau: Overruled.
Mr.. Peterson: Answer the question.
A. Yes, sir
Mr.. Schaub: That is all.
Mr.. Peterson: just a moment. Did
[ understand from you that in one of
the questions of Frank Smith to the
voice he addressed the voice as Mrs.
Ledbeter?
Mr.. Schaub: l think that is in the
evidence.
a. When he went back up to the
window he told me that Mrs. Ledbeter
said this.
Mr.. Peterson: Was he talking to
her?
A. No.
Mr.. Peterson: The word Mrs. Led
better was not used in question or
conversation passing from Smith to the
voice!
A. No, sir
Q. Now, where was this cell in ref
erence to where you were, this cell
whree the voice came from? You re-
member the direction of the voice,
don't you?
1t would be about the same DO
sition as myself and Mr. Bender.
Q. About ten feet awayf
A. Apparently
Q. Did you recognize the voice as
the voice of woman?
\. The whispered voice of WON,
an.
@. That is ALL
\. \. Riley, guard at the county
laIl for five and a half months past,
said that he let Frank Francscus into
the Jail June 26 in the morning. Wit
ness had charge of that portion of the
jail. No one was in that portion of
the Jail but Smith Mrs. Ledbeter and
Mr.. Franciscus. There was no other
woman prisoner in the jail then. The
distance from where Smith stood to
Mrs. Ledbeter's door was about ten
feet. Mrs. Ledbeter was in the COR
ridor at the time and from her corri-
dor door could see Smith at the door
of his corridor. There were only iron
bars between.
Cross examined, the witness said
that Smith was willing that Mr.. Fran
cuseus be admitted and listen to the
conversation.
G. G. Phillips was recalled and told
of an incident that occurred while the
search for the body was being made.
Smith was standing near where the
body was afterward found, and denied
that he dug the false grave, but after