The Mankato free press., 1909-12-10
CHARGED WITH THE MURDER OF
HOLLEY J. LEDBETER.
Work of Securing Jury Was Com
menced at Two O'clock This Aft
ernoon; Number of Veniremen Are
Examined; Daughters Of the Dead
Man Will Be Brought Here as
Witnesses; the Court Grind.
From Mondays Daily.

j. Ledbeter, opened at two o'clock
this afternoon in the district court.
1t is the first of three murder trials
that are exciting and will continue
to excite the utmost interest on the
part of the public. 1t is many years
since resident of Blue Earth county
! has been tried for his life, the last
trials of this nature having been those
of DR.. George r. Koch OF New Ulm,
who secured change of venue to this
| county.
The seats in the court room We're
mostly taken when court convened,
and numerous attorneys were present.
Youths Must Stay Out.
Judge Pfau entered an order eXclud-
ing all minors from the court room
during the trial of the action, and
instructed the sheriff and the bailiffs
! to enforce it. He was not so particu-
| lar about this while the jury was
being impaneled, but it must be
J strictly enforced after the trial begins.
The space set aside for the attorneys
land witnesses must be preserved, and
spectators not allowed to croud up in
front or about the jury box. The
proceedings would be open to the pub
/ lie with the exception mentioned, and
| the public would be furnished facilities
so far as consistent. but it must be
remembered tnat a case is being tried
and not an exhibition going on.
Judge Pfau said that he felt it to
be his duty to ask the defendant
and his counsel whether they desired
further counsel.
One Attorney Is Sufficient.
Arthur Schaub, the defendants at
torney, replied that ne and Smith
had talked the matter over several
times and had decided that they did
not want further counsel.
j The court asked Smith about this,
and the defendant replied that he did
not want additional counsel
Mr.. Schaub stated that the defend
ant had made affidavit that he had
no money with which to hire an at
torney, and it was also true that he
had no funds with which to secure
witnesses. Quite a number of wit
nesses would be required by the de-
fense, and he would file affidavits to
make a showing, so that the court
could order them subpoenaed.
The question of the county paying
1.-THE witness fees came up, and the
court said that it would be improper
for MIN to lay down fast rule on
the matter at this time. The wit
nesses would be procured.
Triers Are Appointed.
The court appointed Thomas Hughes,
Chris Carlson and Benjamin Taylor
triers, and they took the prescribed
oath and entered upon their duties.
Assistant Attorney General Peterson
of Long Prairie was present to as
sist County Attorney Plymat and w.
R. Geddes in conducting the prosecu-
tion.
Nels johnson was the first Juror
called. He was challenged by the de-
| fense for actual bias and after some
questioning it developed that he had
formed an opinion as to the guilt
| or innocense of the defendant, which
| it would take some evidence to re-
move, and he was excused after the
challenge had been admitted by the
state.
| Ed. Enfield was called and said that
he knew the late H. j. Ledbeter, hav-
ing formed his acquaintance more than
year ago. He had an option and a
challenge by the defense for actual
bias was admitted by the state.
August Schuelte's examination was
brief. The defense challenged for
actual bias and the state admitted it
at once, and tine juror was excused.
George L. Yaeger seemed to be
booked for place on the, jury, as
he was acceptable to the defense and
seemed to be to the state until it de-
veloped that he had conscientious scru-
Piles against capital punishment when
the evidence was circumstantial. The
state challenged for implied bias, and
the defense denied this. the court
found the challenge true, and the Juror
was excused.
Fred Habeck was challenged by the
defense for actual bias. This was
denied, and a state of psychological
facts developed that required the triers
to decide, and they found the chal-
lepge true.
Children Will Be Witnesses.
The two older children of Mrs.
Grace Ledbeter, Hazel and Mabel,
fourteen and thirteen years old, will
be produced as witnesses for the state
at the trial cf Frank Smith on the
charge of murder in the first degree.
This was decided upon at conference
held yesterday afternoon by Assistant
Attorney General George w. Peterson
lof st. Paul and the three attorneys
for Mrs. Ledbeter. The latter con-
sented to the girls being produced,
and have sent for them, and expect
that they will arrive some time We'd
nesday. The two younger children.
the boys, arc too young to be avail
able as witnesses, and were not asked
for by the state.
Mr.. Peterson Will Assist.
MIR. Peterson arrived in the city
yesterday, to be present during the
trial of Frank Smith and assist the