The Mankato free press., 1909-12-17

IHcle Is cFlueHce Ill UnlS case UellU-
ing to prove, that at the time that
the body of said Holland j. Ledbeter
was so found buried in the ground, it
was so buried and inferred to the depth
of about three OF four feet. That at
said time the said body was clothed
all respects as it would have been ordi-
narily clothed in the life time of said
Holland j. Ledbeter. That there was
upon the body the under clothes and
outer garments ordinarily worn by
him, and upon his feet, stockings and
Shoes that the shoes were high top
shoes so called and were laced to the
top.
There is evidence in this case tending
to prove that at said time there was
found in the mouth of the body of him
the said Holland J. Leobeter, chew
of tobacco.
There is evidence in this case tending
to prove, that by reason of an assault
made upon him the said Holland j.
Ledbeter, by some person, the said Hol-
land j. Ledbeter came to his death.
There is evidence in this case tend
ing to prove, that prior to the inter
ment of the body at the place where
it was found, it had been inferred in
a hole or grave dug in the basement
of the barn upon said premises. And
there is evidence in this case tending to
prove that after being so inferred in
the basement of said barn, the said
body was removed to the place where
it was found.
There is evidence in this case tend
ing to prove that the defendant in this
case stated that the said Holland j.
Ledbeter came to his death in the bed
room in the house occupied by the
family of said Holland j. Ledbeter, on
his said premises, on the night of the
4th day of May, A. d. 1909.
There is evidence in this case tend
ing to prove that the said defendant
stated that he so came to his death
at the hands of his wife the said
Grace l.. Ledbeter.
There is evidence in this case tend
ing to prove, that at tie time the said
defendant so claimed the said Holland
~. Ledbeter came to his death, that
the said defendant was in said house.
and so was the different members of
the family of said Holland j. Ledbeter.
There is evidence in this case tend
ig to prove, that the said defendant
stated that he was present at the
time of the commission of the Offense
as claimed by him, by the said Grace
Il. Ledbeter, and before the life of
him the said Holland j. Ledbeter had
become extinct.
Claimed That He Was Present.
There is evidence in this case tend
ing to prove, that the said Frank
Smith claimed that he was present and
saw some of the blows inflicted at the
time he claims that the said Holland j..
Ledbeter was bereft of his life by the
acts of said Grace L. Ledbeter.
There is evidence in this case tend
ing to prove, that the said defendant,
Frank Smith, claimed, and stated to
divers parties, after the body of said
Holland j. Ledbeter had been found as
before mentioned, that he and the said
Grace j. Ledbeter, after the said Holland
j. Ledbeter had been murderd by said
Grace l.. Ledbeter, as claimed by said
defendant, dressed the body of said
Holland j. Ledbeter. The said Hol-
land j. Ledbeter having heretofore un-
dressed himself and retired to his bed,
and that they, the said defendant,
Frank Smith, and Grace l.. Ledbeter,
latter dressing the body of said Holland
j. Ledbeter, removed the same to the
barn on the premises, and their buried
the same in the basement of said barn.
You will bear in mind, that while
say that there is evidence tending to
prove that the said Frank Smith made
these statements as to the several acts
done by the said Grace L. Ledbeter and
by himself in dressing and removing
the body, after the death of said Hol
land j. Ledbeter, from the house to
the barn, L do not say to you that
there is evidence tending to prove such
facts in this case, but only, that there
is evidence tending to prove that the
defendant in this case claimed such to
be the fact.
There is evidence in this case tending
to prove, that the said Holland j. Led
better was not killed on the night of
the 4th of May, 1909, but that in
the morning of the 5th day of May,
1909, he was alive.
There is evidence in this case tend
ing to prove, that on the morning of
the 9Th day of May, 1909, at the hour,
between four and five o'clock in the
morning, he was heard to call the said
Frank Smith who was then asleep in
the upper story of said dwelling house.
And you will remember, that while l
have said that there is evidence tending
to prove that the defendant herein has
claimed and stated to divers parties,
that after the death of said Holland j.
Ledbeter the said Grace i. Ledbeter
and this defendant dressed the said
body, do not say that there is any
evidence in this case tending to prove
the fact that the said body was so
dressed after the decease of said Holl-
and j. Ledbeter.
There is evidence in this case tend
ing to prove that after the recovery
of the body of said Holland j. Ledbet-
er, the defendant in this action point
ed out to and discovered for one Gates
G. Phillips, a part of the cap formerly
worn by said Holland j. Ledbeter.
There is evidence in this case tend
ing to prove that the defendant, Frank
Smith, claimed and stated to divers
parties that after the body of said
Holland j. Ledbeter was buried in the
barn as before mentioned, that the
said defendant, and Grace L. Ledbeter,
and ore William Schwandt and one Col
die Schwandt, removed the body from
said barn and buried it in the field
where it was thereafter found. That
while they were so removing the said