The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-17
SHERIFF SENT OUT FOR MORE
TALESMEN; PICKING OF JURY
TRY MRS. GRACE LEDBETER
Affidavit Of Prejudice Filed by The Defense, But
Afterward Withdrawn; The veniremen
Are Examined by Attorneys

The trial of Mrs. Grace Ledbeter
which was begun in the district court
yesterday afternoon, took spectacu
lar turn when the regular panel o.
Jurors was exhausted. The court or
dered special venire for fifty tales
men, and was about to order it placed
in the hands of Sheriff Donahue fol
service, when the defense suddenly an
nounced that it had interposed an aft
davit of prejudice against the sheriff
based on the legal ground of bias.
County Attorney Plymat asked fol
time to examine into the law; and see
if it wished to or could take action, by
affidavits or otherwise, in the matter
The defense asked why there had
been delay, and the court observed
that he remembered having looked
over the law when the Koch trial was
ON, and he thought that the filing OF
the affidavit was final and left the
court nothing to try and no power
1t was clearly his duty to direct the
process to the coroner. The state con-
coded that this seemed to be the law.
The court at first had desired to or
der special venire for seventytiv
talesmen, and asked wehther it could
not be arranged so that some might re-
port at one hour and others later
coming in groups one after the other
The state objected to this, wishing to
have all in court at one time and the
court ordered a venire for fifty men,
returnable at two o'clock this after
noon. He said that he did not feel
that it was much use to take fewer
men, from the outlook
Affidavit Withdrawn.
Later, when it was ascertained that
Coroner Kennedy was at Mapleton, 1t
was seen that there would be delay if
the coroner was to summon the tales
men, and the defense withdrew the at
fidavit temporarily, and Sheriff Dona-
hue was directed to summon the men.
will probably not be presented again
in case the work of the sheriff gave
it no cause for complaint.
Sheriff Donahue was in the court
room when the affidavit was filed, and
felt very badly over the matter, as
he had tried to be fair to Mrs. Led
better and had allowed her privileges
such as no prisoner ever had in the
county Jail before, even allowing her
to bring her organ and window cur
tains and other household goods to
furnish her cell, and had been very
strict about allowing no one to see
her but her attorneys. The attorneys
for the defense explained to him that
the move was in the game and not
intended as personal.
Sheriff Donahue and Deputy Sheriff
Klugherz started out with a team
to summon the jurors, and intended to
get them in the country adjacent to
Mankato, within driving distance. Mr..
Donahue later took the 1885 a. IN.
train south.
Judge Pau excused all of the jurors
on the regular panel until Monday at
2 p. M, subject to notifying them
that they would not be wanted until
later Recess was taken until p. M,
today.
Judge Pau made an order late in
the afternoon, excluding all persons
under twenty one years OF age, except
witnesses, from the court room dur
ing the trial of Mrs. Ledbeter.
Regular Panel Exhausted.
No Jurors were secured from the
regular panel, although the twenty
four men not on the Smith panel were
all examined. The state used two of
its peremptory challenges.
The defense challenged H. c. Bish-
man yesterday afternoon for actual
bias, and the triers found the chal-
lenge true.
William Lewis, a Cambria farmer, is
a subscriber for The Daily Free Press.
The state admitted a challenge by the
defense for actual bias.
Frank Barton, who came to Mankato
from Sleepy Eye three and half
years ago, is reader of various pa
pers, including the Free Press. He
was excused after the state had ad-
mitted a challenge for actual bias.
made by the defense.
August Schultz, who has lived in
Lime township since 1860, said taht
he had met the late H. j. Ledbeter.
and threshed there once. He lives
three-quarters of mile from the Led
better farm, and was there soon after
his disappearance, and had since read
and talked about the case, and had
formed an opinion that it would take
evidence to rnmoyp The state admitted