The Ely miner. [volume] (Ely, Minn.) 1895-1986, 1909-12-17
SMITH IS CONVICTED
JURY RECOMMENDS LENIENcY
IN CASE OF MANKATO
FARM HAND.
VERDICT MEETS WITH APPROVAL
Trial OF Mrs. Ledbeter Is Begun, on
Request of Defense.-Woman's
Attorneys Secure Dismissal
of Sheriff by Affidavit.

Mankato.-The jury in the case Of
Frank Smith, charged with the murder
of H. j. Ledbeter, well known farm
er of this country, rendered verdict
OF murder in the first deree, as
charged in the indictment, and also
filed recommendation for leniency.
The jury was discharged.
None of the members had heard Of
Smiths criminal recor das related by
Sheriff Devine, of Logan county, ILL.,,
and Deputy Warden Dowell, Chester,
ILL.,, penitentiary, and expressed graft
fication that their judgment was sus-
tanned by developments outside the
trial.
Smith refused to say anything for
publication, remarking that the case
was not through yet. If he can get
funds he intends to move a new trial
preparatory to an appeal on rulings Of
the court, so his attorney states.
Few spectators were present when
the verdict was rendered, but the out
come is generally commended by the
public. The publication of Smiths
pass record crystallized public senti-
ment against him and much fear had
been expressed that the jury, not
knowing it, might bring in verdict
In lesser degree.
Mrs. Ledbeter's Trial Begun.
The trial of Mrs. Grace Ledbeter
began two hours after the jury retired
in the Smith case. This had not been
expected by the state, which had made
arrangements to take the case up Dec.
81. The defense insisted on an imme-
date trial, however, and the court so
ordered. Mrs. Ledbeter, dressed in
black and wearing heavy black veil
that hid her face from the public gaze,
and with furlined-cloak over her
shoulders, was the center of all eyes
as she sat beside her attorneys, s. B.
Wilson, A. R. Pau, Jr., and c. j.
Laurish. Her two little daughters,
Hazel and Mabel, sat behind her, and
near them was their uncle, her hus-
bands brother, P. A. Ledbeter, of Hay
ward, Wis, her accuser in the pres
ent proceedings. The state was repre-
sented by County Attorney Walter A..
Plymat and Special Municipal Judge
w. r. Geddes, and Assistant General
G. w. Peterson arrived from ST. Paul
to assist them, as he did in the Smith
trial.
Judge A. R. Pau, the trial Judge,
instructed the sheriff and bailiffs to
exclude all persons under age during
the trial and to prevent any demon
STATIONS whatever and hold spectators
back from the jury box
Twenty-four jurors on the regular
panel not on Smiths case were all ex-
cused for various causes during the
preemptory challenges and the de-
Tense none of it's 20. When court was
about to order a special venire of so
talesmen, the defense filed an affidavit
of prejudice against Sheriff ]. Dona-
hue, alleging bias against the defend
ant, and under the law the court had
no discretion and directed the venire
be placed in the hands of Coroner e.
R. Kennedy for service This is the
same procedure as that followed by
the defense in the third trial of DR..
G. R. Koch, of New Ulm, in this coun-
ty, when he was acquitted, and two
of Mrs. Ledbeter's attorneys assisted
the defense of Koch.
The trial of Mrs. Ledbeter is ex-
pected to be watched with more in
tense interest by the public than
Smiths, owing to the many more per-
picking features in the case. Numer-
Gus witnesses will be subpoenaed by
both state and defense, probably three
times as many as were secured in
Smiths case, as the field for investi-
CATION is much wider, particularly as
regards motive. This case will be
stubbornly fought throughout and sew
eral weeks are expected to be con-
sumed in the trial.