The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-31
MANKATO FREE PRESS
rest until this witness testimony

would not hold on Christmas day. He
was sorry that the jury would
have to be kept together that day, but
lit would have to be tn case. A recess
was then ordered until this morning.
Witness Wife Sick.
Deputy Sheriff Phillips, the officer
who was sent with subpoena for C.
H. Miller, yesterday found him in Iowa
after visiting two or three towns, a
message has been received from Mr..
Phillips sent from Webster City, say
ing That he had located Miller, but
that the latter had refused to return
to Mankato at this time, giving as his
reason that his wife is dangerously
i'll. Miller, it is stated presented a
bill for $50 for his services at a re-
cent meeting of the county board and
it was allowed. County Attorney Ply
mat states that Mr.. Miller had NOT
been subpoened before because it was
supposed that he would be in the city
anyway. He says that he does not
know what steps will be taken in the
matter. This is subject that will
be considered after the present case has
been disposed of.
Smith Need Not Testify.
When court convened this morning.
Judge Pau announced that he had
come to the conclusion that he had no
right to undertake to compel Smith
to testify AS Smith had claimed the
privilege of refusing to testify, he
thought that he was entitled to it
under all of the circumstances of the
case. He made an order to this eff
feet.
Charts Anderson, the undertaken. was
recalled by the s,a.e and said that
rigor mortis, sets in after deaths in
from two to ten or twelve hours,
depending upon the cause of death and
the age of the person. Ordinarily it
would set in in about six hours and
it would be possible to draw on the
clothes. There would be no stiffenine
of the muscles or joints within the
first hours, and the animal heat would
be retained.
Cross examined, the witness said
that an inexperienced person could
dress dead body, but it would not
be an easy task and would take long
er.
p. A. Ledbeter was recalled and said
that June II and Is were not rainy
days. He said that his brother did not
have the habit of chewing tobacco be-
fore breakfast according to his recol-
lection.
Cross examined, the witness said that
he knew this by observation and con-
versation with his brother. He had been
with his brother six to ten days in
the last eight years.
Matt Borgmeier was recalled and said
that Mrs Ledbeter was at his place
the second Sunday after the disap-
pearance and she had said tht she had
been unable to find road to the river
and had asked whethe:. ne knew OF
such a road. He replied that during
all of the time that he had lived
there he had not found a road di-
rectly to the river. The witness said That
he had driven across the bridge over
the creek in the driveway through the
Ledbeter farm. He had driven over
the road the Sunday, the body was
found. 1t was not good road, but
was passable for rig or small load.
Cross examined, the witness said
that he had hauled fifty bushels of
grain over the road. 1t rained the day
the body was found and the day before
but the water was not running over
the bridge, the witness said on re-
direct. After the body was found the
gateways were nailed up and wires
strung over the entrances and three
signs put up for people to keep out.
On second cross examination, the wit
ness said that this was done by the
administrator after the defendant had
been put in Jail.
Chief Pond was recalled and said
that he had driven double rig, with
six people, over the driveway in ques-
ton, and over the bridge the day the
body was found.
OTOSS examined, the WllHeSS Sdlu liid y
he did not run the horses up the hill.
He had driven up much sleeper hills
than that by the creek. He did not
call it very steep hill. Mrs. Myrtle
Miller was recalled and said that when
she visited the Ledbeter farm the sec
ond day after the disappearance, Mrs.
Ledbeter had told her that Smith had
said that Mr.. Ledbeter had tried to
kill himself the Sunday afternoon pre-
vious, while she was at neighbors,
and when she got back Mr.. Ledbeter
had told Smith to keep still land after
Ledbeter had gone out Smith had told
her. Mrs. Ledbeter had said that that
night Smith sat up all night with
a club beside him for fear that Led
better would kill his wife and children.
She had also said that Smith had
promised to live with them all his life.
as member of the family, as he
had no home.
After a brief recess, the state rested
at l0:l5 a. m.
The defense entered motion to
dismiss on the ground that the state
hau failed to prove facts sufficient to
warrant or sustain verdict of guilty.
The court denied this, and exceptions
were taken.
The Defense Opens.