The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-07-16
HELDOVERF ORWE[K
continued from page one.

1 + =
dramatic and impressive. Solemn still
ness fell upon the audience at the
words of the court enjoining silence
and order.
4 The two ladies were clothed in black
and yelled, and sat with their faces
partly turned from the audience. They
We're. the object of interest and cur
iosity of all eyes. -
| State Wanted Continuance.
| As soon as the case was called, w.
r. Geddes, for the state, moved for
a further adjournment of the hearing
owing to the fact that the evidence
/ was largely circumstantial, was scat
| tered over a wide territory and was
| not easily gotten together. Farther,
more, Frank Smith was sick with a
severe ease of yellow jaundice, and
was in weakened condition, and had
said himself that he could not stand
the ordeal. A physicians certificate
could be gotten, if necessary.
s. b. Wilson, for the defense, re-.
piled that it was matter of COM
mon information that Smith was able
day before yesterday to go out into
the country with his attorneys. He
was heard to say this morning that he
felt better than for several days. The
defense did not want to have a further
adjournment, as it had been agreed to
put the case off until today. Tt would
be an injustice upon the defendants
to adjourn the hearing again. They
ought to be entitled to their hearing
The state had had a good deal of as
sistance in marshaling its evidence
and it was as ready as it ever would
be. 1t should have produced a pnysi-
clans certificate as to Smiths condi-
ton. Mr.. Wilson closed by asking that
the hearing proceed.
Mr.. Geddes responded by saying that
the fact that the state was not ready
was sufficient reason for adjournment.
1t was a very important matter. Smith
was perhaps better than he had been,
but could not 60 through an ordeal as
expected here. He based his motion on
the ground that the state had not had
time to prepare and was not prepared.
Court Not Inclined to Continuance.
Judge Comstock was not inclined to
grant further Adjournment without
sufficient grounds, and suggested that
if reasonable adjournment was to be
made, and then the defense would
make the identical motion that the
Il. ia oh CD
uonsly. " H
Some discussion followed, and the
outcome of it was that the hearing
was adjourned until 10 a. m. to al
low the state to obtain physicians
certificate as to. the ability of Smith
to appear and take. part in the hear
ing.
The audience all remained, no one
being willing to lose his place, even
though it was in the last row and
out of sight and almost out of hear
ing. The defendants chatted pleasantly
among themselves and with their at
torneys. Mr.. and Mrs. Schwandt, who
are a newly married couple, appeared
particularly pleased to be in each 9th
er's company, for in the jail they are
locked in widely separated parts.
Several Affidavits Read.
1t was slightly after ten o'clock
when the attorneys for the state re-
turned, with three sets of atfidavits.
Two were by County Attorney Plymat.
The first alleged that the state has
been busy getting the, evidence ready,
since the arraignment, but that the
evidence is largely circumstantial and
is scattered over parts of two or three
states. There are several places that
the officers have not yet visited, and
which they need to visit. The state
has been unable to send them there,
although the officers have been dill
gent. The state cannot now safely
proceed with the examination, but it
an adjournment of at least week
was taken it could safely proceed.
Mr.. Plymat's second affidavit said
that Frank Smith is a material wit
ness at this hearing, having personal
knowledge of the time and manner
of the crime, and the state cannot
safely proceed without him, but he is
sick and under the care of DR.. A. F.
Schmitt. 1t would greatly menace his
health if he was required to appear,
but he could appear if he had rest and
quiet for several days.
One From a Doctor.
DIR. A. F. Schmitt's affidavit said
that Smith has been sick for ten days
with severe case of yellow jaundice,
and has been on milk diet, and the
diet and illness have weakened him.
Because of this, he was not able to
undergo severe examination in court,
and it would be menace to his health
and life to subject him to such a
strain and excitement at this time.
He had advised the state not to do it.
After reading these affidavits, Judge
|Geddes asked for an adjournment for