The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-28

NUlC tnCy WcIC ~ III Sstiu CiOSCU W.
gether the door of the closet was part
ly opened all the time and other per-
sons were standing Immediately out
side of the door and could see and
hear anything that passed be-
tween this affiant and said Bixby. That
when the juror, Bixby, went in said
closet he did not know that there was
anyone therein. That the fact of the
said Bixby and this affiant meeting in
said closet was a mere incident which
occurs at every intermission of the
court between jurors and other parties
when jury cases are being tried, and
was not intentional on their part, and
no advantage of such incident was taken
| by the juror, Bixby, or this afriant to
refer to the case then on trial or to
any matter relative to the duties of
said Bixby as juror.
What Mr.. Bixby Swears to.
John C. Bixby, being first duly sworn,
says that he was one of the Jurors
who sat on the case of the State of
Minnesota against Frank Smith, and
that he has read the affidavit of c.. J.
Laurisch made and filed herein. and
dated the 23d day of December, 1909,
wherein said Loursch states in sub
stance that on the 10th day of Deem
Der, 1909, during the trial of said
Frank Smith and during the morning
recess of the court on that day, this
affiant stepped into one of the closets
in the courthouse, to-wit, the closet on
the second floor and next to the win
dow in the corridor leading to the
jury room while w. R. Geddes, one of
the attorneys in said acton or the
state, was therein, and that this affiant
was in said closet with said Geddes
for minute and half with the door
closed. That this affiant remembers
the incident so referred to by said
Laurisch. and states with reference
thereto as follows: That during the
intermission of the court on that day,
this affant did step into said closet,
and when he opened the door thereof,
he observed someone therein and made
tilt ltHdl Iltiioy liliS IL ottupicU,
and stopped and that he then discover
ed it was the said attorney, w. r.
Geddes, that was therein, and the said
attorney then remarked to this Aft
ant, ''I'll be out of here in a second"
and this affiant then stepped in behind
said Geddes but did not close the door,
and said Geddes Immediately turned and
went out; that they were not in said
closet together minute and a half
and not to exceed a few seconds at
the most, being just long enough for
said Geddes to turn around and step
out. That when this affiant and said
attorney SO met is said closet there
was nothing said between them with
reference to the said case on trial, to-
wit, the state of Minnesota against
Frank Smith, and no reference whatso-
ever made thereto or to the duties of
this affiant as juror in any way
whatsoever. That when this affiant
went to said closet he was not, aware
that there was anyone therein, and
the fact of his meeting said attorney
there as aforesaid, was Il mere chance
meeting and was such as often occurs
between jurors and other persons about
the courtroom during the trial of jury
cases. That all of the facts alleged
in the said affidavit of said c. J. Laur-
isch are untrue, excepting as herein
stated.
Erick Shaw Makes Affidavit.
Erick Shaw being by me first duly
sworn on oath says that on the 18th
day of December, A. d. 1909, he had
with Mr.. Arthur Schaub,
attorney for Frank Smith alias Frank
LavendOski; that this affiant was one
of the jurors who convicted said Frank
Smith of murder in the first degree
on December 18th, 1907 that on said
18th day of December, \. ID. 1909, this
affiant was asked by said Mr.. Schaub
if he, this affiant had heard anything
about any men being here from Illinois
after said Frank Smith; and that this
afiiant then told said Arthur Schaub
that he, this affiant had heard it men
toned; and that this affant was then
asked whether it was before or after
the verdict of the jury in said case was
rendered. and that this affiant then an
swered that he did not know; and that
this affiant also said that he did not
Know who had mentioned it; that this
affiant did sign an affidavit for the
said Arthur Schaub on December 18th,
1909, but that he relied upon the state
ment of said Arthur Schaub as to
and that according to said statement
of said Arthur Schaub TO this affiant