The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-11-26

raigned in the district court on an in
dictment charging them jointly with
murder in the first degree, in connec-
ton with the murder of the late Hol-
land j. Ledbeter. They listened to the
reading of the Indictment without emo
ton or apparent surprise, and at the
conclusion of the reading entered pleas
of not guilty, through their leading
counsel, S. B. Wilson.
Asks for Bail Order.
Mr.. Wilson, on behalf of the defend
ants, at once moved that the court
make an order permitting the defend
ants to be released on bail and that
it fix the amount of the BAIL This
motion was based on the ground that
the proof was not evident nor the pre-
sumption great as showing the defend
ants guilty of the offense charged in
the Indictment.
Attached to the motion was an af-
fdavit by Mr.. Wilson, to the effect
that it was his information and belief
that substantially all of the evidence
against the defendants tending to show
them to be guilty of the crime was
adduced at the preliminary examina-
ton, and that the state does not claim
that the defendants were present at
the time that Mr.. Ledbeter was killed,
and that in truth they were not in said
county at the time of said murder.
Defendants Make Affidavit.
The two defendants united in max
ing an affidavit to the effect that they
did not participate in the murder and
had no participation in the planning
of the same, or in the concealment of
the same thereafter, and that they in
no way were connected with the Of
Tense set forth in the indictment.
Mr.. Wilson stated that the motion
would be made upon the records of
the preliminary examination of the de-
PENDANTS.
Defendants In Custody.
After a private talk between the
court and County Attorney Plymat
and Mr.. Wilson, wherein it was decid-
ed to take the matter up again at
two o'clock this afternoon, the court
remanded the defendants to the GUS
tody of the officers.
Henry Schwandt of Milroy, a broth
er of w. J.. Schwandt, and Adolph
Aftermath of Springfield arrived this
morning, doubtless to 90 upon the
bail bonds in case bail is fixed.
All of the defendants in the Led
better murder case have been arraigned.
Five of the six indictments returned
by the grand jury have been accounted
for.
Are Admitted to Bail.
This afternoon Judge Pfau decided
to admit Mr.. and Mrs. Schwandt to
bail, and fixed the amount of the bond
at $500 for the two defendants Joint
ly. The state, while not consenting to
this, did not enter any objection
A bond was presented, with Henry
Schwandt of Milroy and Adolph AL
termott of Springfield as sureties, and
it was approved by the court.
Judge Pau said that he felt salts
fled from all that he had learned of
the case that the amount of the bond
would be sufficient, and he had there
fore decided to accept it. 1t in no
way relieved the defendants from the
charge, and he wanted them to under
stand that any attempt to escape would
not be successful, for their bond would
be forfeited, and they could be brought
back at any time to face the charge.
He discharged them from custody, and
they will doubtless return to their
home until wanted. Their trial will
probably come last.
The Criminal Calendar.
Judge Pau enquired as to when the
criminal calendar would be moved, and
County Attorney Plymat said that this
would be taken up with the court
Saturday morning, when Assistant At
torney General Peterson would be pres
ent.
1t is believed that the first criminal
case will 90 to trial Monday, Nov. 20,
or thereabouts.
c. L. Benedict, who last summer ap-
peared for the Ledbeter family in as
sisting the state, has withdrawn and
will not appear in the case.