The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-07-23
interest in the proceedings. The com
missoners attended the hearing


resumed promptly at 2 p. m. He
said that his, father was John Smith,
and that he died at Cleveland. Ohio.
He has sister, Mrs. Schultz, and a
brother, in the west. Mrs. Ledbeter
burned blanket, sheet and pillow
case. There was a drop of blood on
the floor near the bed that she washed
mp, with that ON the bed. Did not
see any blood on the walls. Witness
admitted making several false state
ments to newspaper reporters at the
Ledbeter farm, particularly about his
having money banks. He told about
Pat MeTighe offering Garner 800 to
kill Ledbeter, and this was false. Other
mtrutbfM statements in this connec-
ton were also admitted by Smith. 1t
was week from the time he claimed
to have seen Ledbeter come back and
the time that he told the officers.
Mrs. Ledbeter had told him to tell this
story, to stop the talk and searching.
Witness admitted telling the newspaper
reporters this story. All that he told
them was untrue. Garner never knew
anything about the check. Witness
took the boards from. the north base
ment window of the barn this summer
because it was hot in the barn. Wit
ness duck coat is in the possession of
some official or other person in the
city. A man said to be Baxter was
in Jail one night.
On redirect, Smith went into the
wheat deal. He said that one day
Lebeter went to Redwood Falls to sell
some property. Mrs. Ledbeter had
helped sack some wheat that she
wished to sell without the knowledge
of the children as she wanted the
money. Witness had gone to Man
kota with her, with the sacks, and at
her request he sold the wheat, and
turned over $40 to her. l kept $l75
for spending money. She paid bills
with the money. This is the wheat
referred to as stolen by me from Mr..
Ledbeter. | never took any wheat
from him at any other time. Mrs.
Ledbeter told me to deny everything
to the last. I never stole the harness
that McTighe claimed l did, and the
grand jury did not indict me.
Answering Mr. Wilson, witness said
that he had looked for the stick used
in carrying Ledbeter to the field, and
had been unable to find it.
The court interrupted here and d.
rected all persons under seventeen
years to leave, and several young girls
went out. Some merriment was caused
when the court mistook a young lady
who admitted of twenty summers for
less than seventeen She was allowed
to remain.
The examination of Smith was closed
and the attorneys for the state asked
and were granted five minutes to con-
suit.
The court room was crowded in the
afternoon, but perfect order was main
tanned, and those who had no seats
kept to the rear and did not obstruct
the view and hearing of those seated.
Smith Was Frightened.
Once while Smith was testifying,
someone approached behind him, evil
IDENTIFY to get a better location, and
Deputy, Sheriff Klughertz motioned for
the man to retire. Smith appeared
frightened by the manner, as though he
feared an attack from the rear.
After the. attorneys returned, Smith
was recalled by the defense and said
that he had hidden his hat and jacket
with Ledbeter's hat under the rocks.
The officers now have these. Witness
admitted as untrue a statement that
he had >made that the last time that
he saw Ledbeter alive was when he
took the bucket and started to 60 up
stairs, in the barn for barley, on the
morning of May S. Deputy Sheriff
Klughertz had instructed him what
to do at the preliminary hearing.
The. state rested when the defense
finished with Smith.
Mr.. Wilson moved to dismiss as to
William Schwandt and Goldie Schwandt
He held that there was no evidence
against them, even if the unreliable
testimony of Smith could be believed.
He said that the statute was clear, in
a case where this charge is made.
Judge Geddes opposed the motion,
and claimed that the court could hold
the defendants for murder in the first
degree, as well as for being accessory
after the fact.
The point was argued very briefly,
and Judge Comstock held that there
was evidence sufficient to establish
that crime had been committed. He
did not agree fully with the attorneys
on either side. There was evidence
tending to show that the Schwandts
were accessories after the fact. The
motion was denied and the two defend
ants consigned to the custody of tine
officers, with instructions to forthwith
lodge complaint against the parties
charging such offenses as the evidence
discloses, and to cause their prompt ar
raignment.
The defense called Deputy Sheriff
Phillips and asked that he produce a
duck coat and a torn cap, and also an
ak. Witness said that he had no ak,
but went to get the coat and cap.
The court asked whether the defense
had any other witness whom it wished
to call while Mr.. Phillips was gone,