The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-17
THE TRIAL Of SMITH
Continued Frorc Page One.
from Thursdays Daily.

The trial of Frank Smith for his life
is now on in earnest. The jury was
completed yesterday afternoon. and
the case was opened to it for the
state. The taking of evidence from
the states witnesses began this morn
ing, and will be pushed along as rap
idly as circumstances will permit. The
story of the crime, when the late Hol-
land j. Ledbeter came to his UNI
timely and horrible end, was related
by the witnesses, and the state began
to connect Smith with it.
Smith has watched the proceedings
from the start with great interest.
Dressed in his best clothes, and shaved
and sleeked up, he looks like a diff
ferent party from the tanned and I'M
couth farm hand who was locked up
last June 26. He took a lively in
terest in the selection of the jury,
consulting with his attorney. and lean
ing forward to catch the answers of
some of the Jurors, particularly those
who were acceptable to him.
The attorneys for Mrs. Ledbeter and
the Sehwandts have been close OBJ
servers of the proceedings thus far,
and will not miss word of the tes-
timony, as much of it will vitality af-
feet their clients. They are taking
notes on the proceedings.
There was a goodly number of spec
tators on hand yesterday afternoon,
but the room is filled, now that the
taking of evidence has commenced.
Opens to the Jury.
Assistant Attorney General Peterson
opened to the jury for the state going
into the matter in a general way and
avoiding detail. He made very good
impression He said, in substances:
An indictment charges a public Of
Tense against the person named, and
in the case at bar accuses Frank
Smith of the crime of murder in the
first degree, committed May 4, in
Lime township, the victim being Hol
land j. Ledbeter, and the crime pre-
meditated. wilful and felonious, COM
mitted with weapons and instruments
unknown to the grand jury. The
crime of murder is an unlawful and
unjustifiable offense, and is the most
serious known to the law. The ac
cused has the presumption of inno
cence until this is overcome by evil
dence One charged with crime is en-
titled to an attorney, to the COM
pulsory attendance of witnesses, to be
tried by jury and to be confronted by
the witnesses against him. The burden
of proof is with the state, which must
doubt. The Judge, clerk, sheriff and
reporter have their duties to perform.
Lawyers are the officers of the court,
and it is their duty to protect the
rights of the state and of the de-
PENDANT and to assist the court and
jury with the elucidation of the evil
dence. The jury is the exclusive Judge
of the facts.
No prosecution can be maintained
without proof of the body of the
crime. If the crime is murder, proof
must be had that human being has
been killed. The identity must be
shown. Wounds upon the person of
Holland ]. Ledbeter, his skull crushed
in, will show that he met his death
unlawfully.
Will Show a Motive
Human actions are generally prompt
ed by motive. 1t would seem that
no sane person would take human
life, but such crimes are committed.
Evidence will be introduced covering
possible or probable motives. These
will cover possible or probable illicit
relations with Mrs. Ledbeter. and the
coming into possession of the property
of the deceased, and taking the place
as head of the family on the farm.
1t will be established that Mr.. Led
better was unlawfully killed May 4, but
that the body was not recovered until
June 81. Physicians will show that the
body had been dead many weeks. Cir.
cumstancial evidence will be used to
connect the defendant with the crime
This kind of evidence is often more
convincing than direct evidence. The
finding of the body with the head
than direct evidence as to the killing
would be.
Smiths Guilty knowledge.
The husband, wife. children and the
defendant were on the property the
night of the murder The defendant
was there on the morning of May 5,
and statements made that morning and
day by him will be shown to be false,
indicating that he had a guilty knowl-
edge of the crime. Fabrications of
evidence by him, such as false grades
on the farm, to mislead, will be shown,
and will show guilty knowledge. Truth
hurts no man.
Crimes so serious as these are not
committed in the open, but in secret.
The state cannot select its witnesses,
but must call those tending to prove
guilty knowledge. The state will also
introduce positive statements made by
the defendant, wherein he connected
himself with the alleged principal,
showing that he was guilty beyond
reasonable doubt. 1t is unnecessary
to elaborate upon the testimony to
be given.
This is a case of great Importance
to the public, the court and the law.
Liberty is a precious thing, and the
defendants liberty, at least, is at
stake. You have taken your oaths,
without fear or favor, to true de-