The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-31
FRANK SMITH WOULD NOT TESTIFY
WHEN PLACED IN THE WITNESS BOX

,about a man named Baldwin. He was
asked in regard to Baldwin and Phillips
going out to the barn nights, but this
was ruled out on objection by the
state Mrs. Ledbeter had gotten out
postal cards with her husbands pic
ture, notifying officials of his disap-
pearance. She had said that Mr.. Led
better came out of the COW barn door
and went into the horse barn door.
To do this he would have to cross a
fence. The limbs of trees would OBJ
struct the view from the house across
these. There were other doors to the
barn than the one where the dog was,
but the west door and horse barn door
were locked. He didn't know as to the
COW barn door. The staple of the
horse barn door was pulled by one of
the party.
On redirect, the witness said that
Mrs. Ledbeter said that she called her
husband to breakfast when she saw
him in the barn door, and that Smith
had come to breakfast then Mrs. Led
better and Mrs. Schwandt acted angry
lat the Saturday evening conversation
On second cross eXmination, the wit
ness said that he did not see any trees
that Smith had cut. He was trimming
the trees and the limbs were falling
into the ravine.
Redwood Falls Man Testifes.
Sheriff B. Schueller Of Redwood Falls
testified that Mr.. Ledbeter was in Red
wood Falls last winter and acted ra-
tionally and normally. The witness had
come to Mankato May 10 and went to
the Ledbeter farm and talked with
Mrs. Ledbeter. She had said that he
had acted the same as usual, and did
on the day before the disappearance
He had not threatened suicide. Witness
had asked about the gun play, and the
defendant had told what Smith had
claimed. The only thing upset in the
struggle was some water. She had said
she had no idea where her husband had
gone, that it seemed as though the
earth had opened and swallowed him.
that he had not aid any trouble with
the hired man. Witness had told her
that Redwood Falls people were much
interested and some had requested that
he come and learn all he could, and
she had replied that she was glad that
he had come. She said that her hus-
band had had farm deal on the day
before he had disappeared. He had
wanted to sell the farm and 90 back
to Redwood Falls. She did not want
to sell, but this had t made trouble
between them; thai Q had said he
had got tired p,"w g off the hills.
She had said that Mr.. Ledbeter had
gotten up in good spirits on the morn
ing that he had disappeared.
Cross examined, the witness said
that he had had only Il casual acquain-
lance with Mr.. Ledbeter.
A. n. Riley was recalled, and said
that he had verified his former testi-
mony that he could see a part of the
door to Smiths corridor from Mrs
Ledbeter's corridor door. He could see
half of Smiths barred door from the
middle of her door.
Sheriff Schueller was recalled by the
defense and said that Deputy Sheriff
Klughertz had accompanied him to the
Ledbeter farm.
Smith Refuses to Testify.
The state called Frank Smith, and
Deputy Sheriq Klugherz went to the
Jail to get him. When he arrived, At
torney Schaub stated to the court that
Smith had been convicted of the same
crime as the defendant had beer
charged with, and that he had given
notice of motion for a new trial
and had prpared the papers, but had
not pressed teh matter as the court had
been busy. Smith could not testify
without discriminating himself, especi
ally as the state had contended That
there was a conspiracy. His trial would
not be completed until the motion fol
new trial had been disposed of.
1t was thought by the court that
Smith had better take the stand and bt
sworn and refuse to answer questions
He was told to take the stand, but
replied: 81 won't 60 on the stand
your honor" His attorney whispered
something in his ear, and he took the
witness stand and was sworn.
"What is your name?" asked Genera
Peterson.
81 refuse to answer that question,
said Smith.
"Why?" asked the court.
81 am afraid that / will incriminat t.
myself and / don't want to answer
any questions" replied the witness.
Arguments BY the Attorneys.
The court excused the jury, while
/ the attorneys argued the point as t.
whether Smith had right to refuse OF
not.
| The state held that a waiver hat
been made by the defendant of hi;
rights by voluntarily testifying at the
coroner's inquest and at the prelimi
nary hearing
The court suggested that as sentence
had not been pronounced, might not
the testimony of the witness affect his
sentence somewhat?
General Peterson said that the only
penalty for the offense that Smith haC
been convicted of was DEATH unless