The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-31
THELEDBETERT TRIAL

In[l[UD[I[nlnih
Continued From Page Two.
and the courI vas unable to force him
to, if It had desired to, for the man
date of the law had no terrors for the
witness, who did not fear a Jail SEN
tence for contempt of court, when
there the remainder of his life. Then
the states second best witness, Charles
H. Miller was reported as having lett
the state. An officer was dispatched,
post haste after Inn, but there seemed
little probability of the witness return
ing. for once beyond the confines Of
the state lie could no: he brought lii. X
against his VIII ne cas expected to
testify to a conversation that he over
heard at the county jail between Mrs.
Ledbeter or ''vcice" and Frank
Smith, that was eXpt cted to be damay-
ing to the defense. Then thu testimony
regarding the scene at the county jail
the night of June 81. when Smith and
Mrs. Ledbeter faced each other and
made ACCUSATIONS and counter accusa-
tions, was excluded on point o. law.
The states case came to rather
abrupt termination for. the day, with
little prospect at that time of its
being bettered A perusal of today's
proceedings, little further along, will
show whether or not it was improved
materially by this forenoon's proceed
ings.
Testimony Ruled Out.
Z. F. Soaring, cisy editor of The
Daily Free Press, was the last witness
called yesterday afternoon. The state
had expected to secure his testimony
as to the jail scene, when Mrs. Led
lbeter and Smith were brought face
to face mad questioned each other and
were probed by others present, who
included County Attorney Plymat, Dep
uty Sheriff Phillips and Guard Anton
Osten. The defense objected to the in
| PRODUCTION of this testimony on the
ground that the defendant was in dur
ess at the time and that under the
practice in the Minnesota courts no
confessions or admissions secured by
officers or in their presence under such
circumstances were admissible as evil
dence
The jury was excused and the defense
lput on testimony as to whether Mrs.
Ledbeter was in duress at the time.
Mr.. Soaring testified as to the per-
sons who were present and the fact
that the conversation took place in the
| Jail corridor, and said that no threats
or promises We're made to the defen-
dant by anyone present to occasion
her to speak. She had been questioned
! by Smith and by Others present, in
Guiding the county attorney and depu-
ty sheriff. Deputy Sheriffs Klugherz
and Phillips were called and testified
as to the prisoner being in custody
and her attorney having gone, SO that
she had no legal advisor.
The case was then argued by the
counsel of both sides. Assistant At
torney General Peterson held that if
a confession was made voluntarily
while in custody it was admissible,
and cited authorities from other states.
Tie defense demanded that the Min
nesota practice be followed.
| Judge Pfau said that he would sus-
tain the objection. "All of the cir
cumstances taken together" he said
''the party confronted by officers and
other praties and questions put to her,
she having no opportunity to consult
her lawyer-nobody there to befriend
her-and she being woman, and in
jail"
ut might be error to admit the tes-
timony," interposed Gen. Peterson.
'Yes, it might be, and l think that
| it would be best to exclude the testi-
mony," said the court.
Gen. Peterson expressed himself as
satisfied with the ruling.
One Witness Disappears.
The jury was recalled, and the after.
noon recess was taken. After recess, Ar
thur Schaub, attorney for Smith, said
that he desired to consult some au-
thorities in regard to his right to refuse
to testify, and the state had been busy
also, and wished to consult some of the
authorities. The state asked for a re-
cess until this morning.
General Peterson said that. if Smith
would not testify today the state
would be ready to rest some time dur
ing the forenoon. One important wit
ness for the state had left the state,
and an officer had been sent fer him,
) and the state was very anxious not