The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-17
MURDER IN THE FIRST Degree;
JURY'S VERDICT, SMITH CASE;
DEFENDANT MUCH CAST DOWN
Claims He Has Not Been Given Square Deal;
He Will Testify in the Ledbeter Trial;
The Future Course

Murder in the first degree was what
tie jury tried Frank Smith found
that he was guilty of. He must pay
the penalty of the most hienous crime
known to man, and it will be either
death on the scaffold or Imprisonment
behind the grey walls of the Still
water penitentiary for the remainder
OF his days. This is the punishment
that the law metes out to those who
commit murder with generalization.
| The jury retired at 1890 o'clock yes
terday afternoon, and spent several
hours in warm discussion. The argu-
ment was at times loud enough to
penetrate the walls of the ROOM At
4:45 p. M, it sent word to Judge
Pau that it had agreed upon verdict.
| The proceedings in the case of Mrs.
Ledbeter had been suspended for the
day, but the attorneys and court Of
ficials were still there, although most
of the audience had left.
| The jury was brought in as soon
as the defendant could be gotten from
the county jail. The roll was called
| by Clerk of Court Krost, and the
court addressing the jury, said: Gen
tlemen of the jury, have you agreed
upon verdict" Foreman Rooney re-
pl;ed:. 1--WE have, Your Honor"
Recommended Leriency.
The court took the verdict and read
it to himself and remarked to the jury
that it had made mistake in inter
lining anything in the form of the
verdict. 1t developed that the jury
| bod p,o1a ranommap1o t ion for tbo
! clemency of the court. The court di-
rected the jury to retire and bring in
another verdict, with any recommen-
dation on a separate sheet of paper
| The jury retired and returned at
sos p. m, and the same formalities
were gone through with. The court
found technical error in the verdict,
and directed Court Reporter Davies to
prepare another blank form and sent
the jury back second time to bring
in correct verdict 1t returned at
Sis p. M, and handed in verdict
that proved satisfactory to the court
The verdict was recorded, and then
was read and pronounced the defend
ant guilty of murder in the first
! degree. The recommendation for leni-
ency was filed.
Smith, during all this time, was
composed and silent, but could be seen
that he was under a severe nervous
strain, as his face flushed and paled
alternately and he iidgeted uncon-
sciously with the arm of his chair.
| The court addressed the jury and
said that it had had long tedious
trial and it would now be discharged
from further attendance upon the case
| Those not on the regular panel would
be discharged for the term, the Others
until today.
The members of the jury stated that
they did not hear anything about
the visit to the city of Sheriff De-
vine and Deputy Warden DOwell from
Illinois, and did not hear what they
told of Smiths past record. When in
formed what had developed in regard
to this, the jurors felt that they were
more than ever justified in what they
had done. and felt that they would not
decided the case according to the evil
dence, and felt that they had not made
any mistake.
Six Ballots Required.
1t is said that six ballots were taken
before result was arrived at. The
first two ballots were taken on the
question whether to bring in verdict
of guilty of murder in the first degree
or one of acquittal, and the vote
on the first ballot was six for convc-
ton, four for acquittal and two blanks.
The second ballot was six for convic-
ton, five for acquittal and one blank.
| The third ballot was the same.
The succeeding ballots were taken
on the question of whether the verdict
should be murder in the first or
second degree, and the fourth ballot
stood eight for first degree and four
for second degree. The fifth ballot
stood ten for first degree and two for
second. Then the matter of extending
clemeney was discussed, owing to the
death penalty being one of the alter
native punishments and a resolution
was passed unanimously, recommend
ing the defendant to the lenency of
the court. The sixth ballot then
resulted in twelve ballots being cast
for murder in the first degree The