The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-17
verdict was drawn up and the jury
reported itself ready to come in.
Smith Disappointed.

verdict was drawn up and the jury
reported itself ready to come in.
Smith Disappointed.
Smith was seen by Free Press
reporter mad asked whether he wished
to make statement, bat said that
he had nothing to say at this time, as
the case was not done with yet. He
seemed greatly disappointed at the YER
diet.
Mr.. Schaub, Smiths attorney stated
that he would write to Smiths rela-
tives and see whether they would not
advance funds to allow of an appeal
being taken. He would in that case
move for new trial, based on alleged
errors in ruling, and in case the motion
was denied appeal to the supreme
court.
ing stated that he felt that an in
justice had been done him, and that
he was convicted of something that
he did not do. He said that he had
not been treated squarely. This morn
ing lie said that he had slept we'll
County Attorney Plymat stated this
forenoon that he did not know when
he should move for sentence. 1t is
said that this will depend upon what
move the defense makes. 1t might
ask for q stay in pronouncing SEN
tence.
Smith to Testify.
1t is understood that the state in
tends to put Smith on the witness
stand against Mrs. Ledbeter, regard
less of the impeaching testimony that
she will be able to produce. The state
will admit his previous record, but
claim that, as he now has moth
ing to fear in his own case, what he
says is true.
The defense in Mrs. Ledbeter's case
purports to believe that Smith would
tell another story if left to himself
that would tend to clear her. They
say that lie would have done this
last night had it not been the advice
of his attorney to say nothing.
The verdict in the Smith case seems
to meet with approval on the part of
the public in general. There had been
many expressions of regret that the
testimony of the Illinois officials could
not have been brought before the jury
and fears We're expressed that it might
let him off easier than it would if
it knew all about his past.
The court has some discretion in
pronouncing sentence for murder in
the first degree. The law says that
the penalty shall be death unless there
are exception circumstances calling for
leniency. The court has the power of
deciding what exceptional circumstances
are, and those who have followed
Judge Pfau's course on the bench are
aware that he is very lenient Judge
and would rather err in the direction
of leniency than in the opposite di-
rection.
Has Talked Too Much.
When seen at the county Jail this
Afternoon, Smith was not in talka-
tive mood. He said: 81 will never say
anything again. L made mistake
when / talked as much as 1 did. 1t
don't do to talk over spilled milk, but
1 have learned lesson.''
1t is understood that Smith feels that
he was not treated right by the state,
inasmuch as he gave so much informa-
ton to it. He does not say that the
state promised to let him off easy. but
it is easy to see that this is his mean
ing. He said that later on he might
have something to say.
Mrs. Ledbeter when asked whether
she had anything to say in regadd to
the verdict, said that she did not care
to say anything about it.
Mr.. Schaub stated this afternoon
that the court would probably not take
up the matter of sentencing Smith for
a few days.
Continued On Page Two.