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

! liverance make between the state OF
Minnesota and the defendant at bar
! The state and the defendant are tc
be congratulated on so fair, so i'm
partial and SO intelligent a jury.
Jury Completed.
The jury was completed yesterday
afternoon.
Jacob Schweighert, a farmer of Man
kato township, thought that he could
disregard what he had heard or read
about the case and try it fairly, anc
the defense had no challenge. He was
asked by the states attorney whether
he was acquainted with Mr.. Schaub
Il am acquainted with you all.
have lived here long enough, fifty
years." declared the juror.
Mr. Schweighert said that he had
no scruples against capital punishment
if the evidence was sufficient.
The state challenged for actual bias
but the Juror claimed that he had
formed no opinion. The challenge was
withdrawn, and the state challenged
peremptorily.
Eric Shaw was the last Juror called
and was accepted and filled out the
panel. He is farmer and has lived
in Butternut Valley for twenty -four
years. He knew no reason why he
could not try the case fairly and i'm
partially. The defense had no chal-
lengc. County Attorney Plymat asked
the Juror whether he had any con-
scientious scruples against capital pun
ishment.,
Il don't think that I have. 1 have
MT if it is proven to me-" declared
the Juror candidly.
The state had no challenge, and the
Juror was sworn.
In all, seventy-two names were
drawn in getting the jury, and the de-
Tense used seventeen challenges and
the state seven.
When asked by reporter whether
he was satisfied with the jury, the
defendant, Smith, said that he consid-
cred it a good jury.
w. R. Geddes was equally pleased
with the jury, on the part of the state
81 consider it good jury" he said
Il think that the majority of the jur-
ors will try to avoid injustice as wei
as render justice"
Jurors Cautioned.
The court excused the Jurors who
had not been drawn to serve on the
panel, and then after the case had
been opened by Mr.. Peterson, address
ing the jury, said: "You are here
to try one of the most important
cases that can possibly come before
YOU. You have taken an oath to try
ha Tod IN
YOU, on the instructions of the court
1t would be highly improper for YOU
to allow anything to creep into your
minds except the evidence before you.
You will refrain from talking about
the case until it comes before you fol-
determination. and do not form an
opinion until all of the evidence is in
and the law has been given to you by
the court. Allow no one to speak to
Won, or in your presence, concerning
this case. 1t is an unpleasant fact
but is the law in this state that you
will have to be left in charge of a
bailiff. but all possible comforts will
be allowed you, consistent with the
position which you occupy"
recess was announced until nine
o'clock this morning.
Jury Attends Theatre.
The jury last night attended the
theatre, occupying boxes, and enjoyed
the vaudeville performance thoroughly
The two daughters of Mrs. Ledbeter
arrived last night to testify for the
state in the Smith case.
Taking of Evidence Begins.
DR.. w. A. Beach was the first wit
ness for the state. He told of the
post norton examination of the re-
mains of the late H. j. Ledbeter, and
produced sample skull to show where
Ledbeter's skull was crushed. He H.
Illustrated how the skull was crushed
in over the right eye, from the jaw
to the temple. Minor injuries, as from
blows, were on the back of the scalp
The heavy blow in front caused death
and could not have been self-inhicted
The five minor wounds would not have
caused death, but might have caused
inSensibility but for how lonp a tim.