The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-03-19
END OF R|EFf CASE
AMBROSE, THE DEFENDANT, DIS
CHARGED WITH GRILLING.

!
Men; Trial Comes to a Close on
Motion of Attorneys for the De-
Tense; Women to Be Freed.
! From Mondays Dailv.
The Ref murder case came to an
end this afternoon with the discharge
of the defendant. After overruling d
motion that the case be dismissed
Judge Pau granted motion for di
rect verdict for the defendant, after
! the defense had rested without putting
on any testimony Ref was freed, but
the court gave him warning as tc
/ his future conduct that should be re-
membered by him until his dying day
When the district court convened al
nine o'clock this morning, the argu
ments on the motion of Ambrose Rieff's
attorneys for dismissal of the case
were resumed and completed. The court
stated that he thought that there was
evidence of a desire to conceal the
death of Mrs. Timmerman's babe on the
part of Ref, particularly that part
of the testimony which showed that
Ref had cautioned the children to say
nothing of what had happened.
When the arguments were concluded
the court said that he would override
the motion and allow the case to &c
on.
Defense Asked for Recess
The attorneys for the defendant
asked for Il recess of fifteen minutes i'll
at the end of this time they were
undecided, and Mr. Daley asked that
recess be taken until two o'clock
He said that the defense was in doubt
as to what course would be best to
pursue, whether to rest at this point
or to 90 on.
The court granted the request, say
ing that he wished to give all parties
ample time.
What the Judge Said.
In his remarks Saturday afternoon,
Judge Pau did not say that there was
a lack of proof of any death, but that
there was Il lack of proof of any vio-
lent death. This he repeated this morn
ing. Whatever proof there is as to vio-
lence is based on assumption or infer
ence instead of direct testimony. As
Stunning that there was birth and
death and that Ref made the remarks
attributed to him, the defense holds
that the inference is greater that the
motive was not to conceal violence but
to conceal the fact from the public
at large that there was an illigiti-
mate child born, which would have
lead the defendant liable to prosecution,
the expense of caring for the child, and
trouble with his own family.
Defendant Tested.
When court convened this afternoon,
the defendant rested without putting
on any testimony.
The defendant then, through his at
torneys, asked the court to instruct the
jury to return verdict for the defen-
dant for the reason that the evidence
mission of the case to the jury
Judge Pau said that while he had
overruled the other motion, he had not
been at all satisfied that there was
evidence to submit to a jury, and after
further consideration ne was still furth-
er confirmed in this opinion While
there had been evidence tending to
prove the birth and death of a child.
to Mrs. Emma Zimmerman, and that
the defendant was the father of it, and
that is was born out of lawful we'd
lock, yet there seemed to be absolutely
no evidence tending to prove that the
child came to its death by violence,
unless it was the evidence as to con
cealment by Ref, but this could be
explained by the fact that Rieff might
be charged with bastardy or forncaton
unless the birth could be concealed. He
did not think that the fact that there
was evidence tending to prove conceal
ment should be submitted to the Jury
without other facts substantiating the
charge as that would be carving the
presumption too far. If there had been
any other evidence independent of the
other tending to prove the defendent
guilty, it would be competent to sub
NIT the case to the jury, but the entire
structure would have to be based upon
the alleged concealment of the birth
and death upon which to justify a YER
dict of guilty. He therefore felt COM
PEELED, and it was his duty, to in
struct the jury to return verdict of
not guilty.
Returned Instructed Verdict.
Judge Pau handed the Jury a pre-
pared verdict of not guilty and in
structed it to return this verdict, either
retiring or in it's seats.
After consultation, the Jury said
that it wished to retire, and was al
lowed to do So
The jury was out few moments and
then returned the verdict of not guilty
through William Mcqueen, foreman.
Judge Pau then discharged the Jury,
and turning to Ref addressed some
scorching words to him. He said:
Roast By the Judge.
'You have been in pretty serious
position, and nothing has developed in