The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-11-19
MOTION MADE BY ATTORNEY TO
DISMISS INDICTMENT.
Argument to Be Made at Two
O'clock Tomorrow Afternoon;
Grounds For the Hearing; Mrs.
Grace Ledbeter Pleaded Not Guilty:
Civil Cases on Trial in the Dis
trict Court; jury at Work
From Tuesdays Daily.

From Tuesdays Daily.
AT two o'clock this afternoon, Mrs
Grace Ledbeter, through one of her
attorneys, A. r. Pau Jr., entered a
plea of not guilty to the Indictment
charging murder in the first degree,
upon which she was arraigned in the
district court yesterday. She was then
remanded back to the county jail
When Frank Smith was asked to
plead to similar Indictment, his at
torney, Arthur Schaub, arose anc,
stated That facts heretofore unknown
to him before the arraignment had
been learned by him, and he wished
to make a motion to dismiss the in
dictment and discharge the defendant.
He asked until tomorrow afternoon
at two o'clock to prepare the motion
and look up the facts and the law.
He had used due diligence and had
started work on the motion, but could
not get it ready for today. The mo-
ton would be based on the ground
that w. R. Geddes, who was one of
the witnesses against Smith before
the grand jury, had previously been
his attorney and that he had given
evidence that he had gained in his
capacity as attorney. He considered
the matter a serious one.
Motion to Dismiss.
The court granted Mr.. Schaub the
time that he asked to prepare his
motion, and it will be heard at two
o'clock tomorrow afternoon. If the
motion should be granted, Smith
could be rearrested and held to the
next grand jury, but it would deprive
the state of his testimony at the
trial of Mrs. Ledbeter and Mr.. and
Mrs. Schwandt, as he could decline to
testify in those cases on the ground
that it would incriminate himself 1t
is believed to be the intention of the
state to try Smith first at this term.
This would leave him free to testify in
the other cases. an
County Attorney Plymat stated that
he had expected to have another ar
raignment this afternoon, but that the
party was not present.
The jury in the case of Ed. Barnes
VS.. w. l.. Tallman retired at 9:20 a.
m. today and in fifty minutes. re-
turned with a r verdict for the plain
tiff for $ll7.
Case of Traction Company.
The case of the Mankato Electric
Traction company VS.. Daniel Williams
went to trial this forenoon. 1t is an
action to collect the subscription
made by the defendant to the stock
of the street car company. Mr.. Will
Jams refuses to pay on the ground
that the company has not constructed
FIVE miles of trackage and mas not
built to the Blue Earth river bridge,
as he claims was the agreement or
understanding. The company claims
that it has built the five miles of
track and that it has complied with
all agreements.
The suit of the same company vs..
E. d. Wilmot, which was to nave
been tried next, has been continued.
The fourth case for trial, that of
Finch, Van Slyck & McConville VS..
Humphrey j. Roberts, administrator of
the estate of H. j. Ledbeter, deceased,
has been settled, and, will no be tried.
The case of the Grant Construction
company VS.. j. B. Hodge was reported
this afternoon as probably settled, and
not for trial in any event. Some
little difficulty was had in getting a
case to try next