The Mankato free press., 1909-12-10
THE SMITH TRIAL
Continued From Page One.

patch and Minneapolis Tribune, while
working for Frank Phelps, but had
formed no opinion. Mr. Schaub with
drew the challenge and challenged per-
emptorily.
John Pohl of Mankato township
was challenged peremptorily by the de-
fense after an examination as to the
state of his mind regarding the guilt
or innocence of the defendant. lie
had an opinion, but not such a ore
seemingly, as would sustain the chal
lenge for actual bias which Mr.. Schaub
first interposed and then withdrew.
Walter Kinney of Arlboy was chal
lenged by the defense for actual
bias, and the state admitted it.
Challenged Peremptorily.
Elmer A. Whitcomb of this city was
challenged peremptorily by the defense.
He said that thirtytwo or thirty three
years ago he was threshing near the
Ledbeter farm and knew Holland j.
Ledbeter as boy, but not Intimately.
| The defense challenged for actual bias,
but withdrew this challenge when Mr..
Whitcomb said that he was working
at Albert Lea last summer, but read
of the murder case in The Free Press
and Minneapolis Tribune, but had
| formed no opiEion as to Smiths guilt
or innocence. The peremptory chal
| lenge followed
| Harry Moore Of Amboy, travelling
auditor for the Worlds Medical com
pany of Minneapolis, was challenged
/ for actual bias by the defense and
admitted having formed such an opin
ion that it would take evidence to re-
move. The triers excused the juror.
S. r. Brush of Amboy was chal-
lenged by the defense for actual bias,
and the challenge was admitted by the
state.
/ Charles G. Grass of this city said
that ne has been in Mankato off and
on for four years, and went to Fargo,
I n. d., March 0, and came back Sept.
i. He had never heard of the case
until the grand jury sat, and had
gnever talked or read about it,
i 81 challenge the juror peremptorily,"
said Mr.. Schaub.
Nearly Accepted
Carl j. Peterson of Lake Crystal,
for three years night policeman there,
seemed a. likely candidate. After he
had said that he knew of no reason
why he could not try the case fairly
and impartially, the defense announced
that it had no challenge. The state
developed the fact that. the juror did
not believe in the death penalty upon
Icircumstantial evidence and that ne
would not return a verdict of guilty
upon that kind Of evidence, where the
penalty might be death. The state
challenged for implied bias, and the
defense admitted it and the Juror was
excused.
Myron Reed of Amboy was chal-
lenged by the defense for actual bias,
and admitted having an opinion, but
J thought that it would not prevent his
rendering a fair verdict. The trers
found the challenge not true The de-
fense took exceptions and offered no
further challenges. The state chal-
lenged for implied bias. Mr. Reed said
that he had conscientious scruples
against capital punishment. and
thought that it might influence him in
: arriving at a verdict. 1t would cause
| him to pause before returning a YER
: dict.
:, Il would hate to hang a man on
: icircumstantial evidence said the ilr-
ranlv IN n nIIastinn
! 81 would not find him guilty, no
! matter if convinced by the evidence. .
f he said.
! The court found the challenge true
and excused the juror.
T Selection of Jury Proceeds.
e When court convened this morning,
3 Mr.. Schaub suggested that the court
ask the jury whether it has any re-
|, quests for comforts of any kind. and
( he and Mr.. Peterson might agree OH
, allowing the requests.
The court said that it lad already
instructed the jury about this.
+ The work of getting a jury pro-
ceeded.
: Joseph Rask, carpenter of Amboy,
was not challenged by the defense
, after he had made the statement that
, ne knew of no reason why he could
not try the case fairly. The state
challenged for implied bias and said
, that he had scruples against capital
punishment when the evidence was cir
cumstantial. He could lay his scru-
: pies aside if on the jury. The court
found the challenge untrue. The state
then challenged for actual bias, but
the juror stated that he had formec
no opinion in regard to the guilt or
innocence of the defendant. The state
then withdrew the challenge and ex-
cused the juror peremptorily.
Charles Moses Chosen.
Charles Moses, farmer living near
Lake Crystal, was secured as the
eighth juror. He was not challenged
by either side, after he had stated
that he knew of no reason why he
could not try tie ease fairly. He said
that he had scruples against capital
punishment in some cases, but was not
questioned in detail as to this.
c. M. Shelby. photographer of
Lake Crystal said that he had been
acquainted with William Ledbeter who