The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-11-19
SMITH CASE HEARD
MOTION TO QUASH INDICTMENT
BEFORE THE COURT.
Man Accused of Completely in Led
better Murder Makes Affidavit He
Was Consulted By w. R. Geddes
and Believed Him to Be His At
torney; Judge Pau Listens to
Statements Made By Lawyer
Schaub.

The motion of the defense to quash
the indictment in the case of Frank
Smith was heard by Judge Pau this
afternoon, but only beginning was
made. Just before the matter was
taken up Judge Pau called County
Attorney Plymat and Arthur Schaub
in consultation, and then asked the
members of the petit jury to retire
from the room until summoned.
Presented Three Grounds.
Mr.. Schaub, who is Smiths attorney,
moved to quash the Indictment on
three grounds. The first was that
w. R. Geddes was wrongfully before
the grand jury and gave evidence and
advised the jury. The second was
that Smith had asked Mr.. Geddes to
be his attorney, and thinking that he
was had given him many facts, and
that this information was privileged.
The third ground was that since Mr..
Geddes had been employed as a prose-
cutor he had procured information
from Smith under promise that he
would not be required to go to trial
for murder in TIE first degree, but
only as an accessory
Had Sent for Mr.. Geddes.
An affidavit by Frank Smith was
read, stating that he had sent for Mr..
Geddes to act as his attorney, on
recommendation of j. E. Robb, then a
guard at the Jail, and that after a
few days Mr.. Geddes arrived at the
Jail and said that he had come to take
his case, that the Judge had appointed
him as Smiths attorney, and that
what Smith told him nobody would
know, as he was his attorney Smith
then made admissions and confessions
to Mr.. Geddes, who took copious
notes and called on him from time
to time and talked the case over.
Smith believed that Mr.. Geddes was
his attorney until he happened to
learn that he was employed by the
state, and it was only because of this
belief that he told him many things.
Mr.. Geddes had afterwards promised
to let him 60, as an accessory, in re-
turn for information furnished.
Affidavit From a Guard.
An affidavit by A. N. Riley, guard
at the Jail, who had been quoted in
Smiths affidavit, was ready. This said
that Smith had frequently spoken of
Mr.. Geddes as his attorney, and that
ne seemed surprised when he was told
that Mr.. Geddes was working for the
state. The Affidavit corroborated
some of Smiths statements.
Assistant Attorney General George
w. Peterson stated that he had been
asked to resist the motion on the part
of the state. The matter in the af-
was apparent that it must nave time
to secure affidavits in answer. He ask
ed that the hearing be continued un-
til Saturday morning.
Will Get Ready for Rebuttal.
| Mr.. Schaub said that he would like
/ to have time to repare rebuttal af-
/ fidavits, which he could do if a copy
of the answer was served on him by
Friday noon.
The court continued the case until
Saturday morning at nine o'clock when
the answer will be presented and the
motion argued upon its merits. The
answer will be served upon Mr..
Schaub Friday noon, so that he can
have his rebuttal ready.
Judge Pau said that he would have
to be at st. James Saturday after
noon to finish the trial of case.
Denial BY Mr.. Geddes.
Mr.. Geddes, when asked by The
Free Press as to the truth of the
statements contained in Smiths affi-
davit, Indignantly denied them. He
could not understand why Smith should
sign such an affidavit.
Mr.. and Mrs. William Schwandt
were expected to be in court today,
but did not appear.