The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-14

on the morning of December l4th,
1909, the jurors in said case were
taken to the barber shop of M.
L. Fallenstein in the city of Man.
Rato, said county and state. That
there was there exposed, in a pub
lie manner, the issue of The
Daily Review of December 18th.
That this jurors attention was
drawn to same by seeing the pho
tograph of the defendant therein
and the large headlines, and that
he looked at the photographs and
tie headlines thereof, which are
hereto attached, marked Exhibit
A." That such head lines claimed
that the defendant was wanted in
the Illinois penitentiary for break
ing his parole, and affiant believes
that others of the jury saw the
same as well.
Subscribed and sworn to before
me this 18th day of December, A.
d. 1909.
Notary Public, Blue Earth County,
Minnesota.
State of Minnesota, County of
Blue Earth.-ss. Arthur Schaub
being first duly sworn deposes and
says: That he drew the annexed
affidavit with the consent and in
the presence of Henry Hodapp, one
of the jurors in the case of the
State of Minnesota against Frank
Smith. That thereafter the said
Henry Hodapp carefully read the
same and also Exhibit A thereto
attached, and pronounced all the
facts stated in such affidavit UNI
qualifiedly true; but that said
Henry Hodapp thereupon refused
to sign such affidavit when he
learned that the same was to be
used on a motion for a new trial
in said case.
That this affiant asks the court
to have the said Juror summoned
and examined as to the facts stat
ed in such blank affidavit. Ar
thur Schaub.
Subscribed and sworn to this
9Th day of January, A. d. 1910. c.
o. Daley, notary public, Blue Earth
county, MINI. My commission ex-
pires Dec. 8, 1913.
State of Minnesota, County of
Blue Earth.-ss. c. j. Laurisch,
being first duly sworn upon oath
deposes and says that he was in
the court room during the trial
of the said Frank Smith upon
December 10, 1909; that during
the morning recess one, w. r.
Geddes, stepped into the further
closet on the second floor, that is,
the closet facing the jury room
and next to the window in the
corridor leading to said jury room,
Immediately ahead of this affiant
who had previously started to step
into said closet; as affiant turned
around to step in to the second
closet the one nearest to the head
of the stairs, the same was occu-
pied by come one else; that this
affiant then stepped back and stood
at the head of the stairs and while
so standing there looking in the
direction of said closet, the Juror
Bixby stepped into the closet
that said w. r. Geddes was then
in and shut the door; that the
said juror and Geddes remained
in said closet minute and
half when Geddes stepped out and
passed this affiant and went into
the court room, and the Juror
Macbeth stepped into said closet;
that the said Juror Macbeth was
sitting upon the window sill dur
ing the time that said Geddes was
in the closet with said juror Bixby;
the said juror Macbeth stepped in
as Geddes stepped out; this aft
ant then inquired of the bailiff,
Lundberg, who was in the closet
with Geddes and he said "a Juror"
c. j. Laurisch. Subscribed and
sworn to before me, this 23rd day
of December, 1909. Blanche L.
Brener. notary public, Blue Earth
county, MINI. My commission ex-
pires April l., 1915.
State of Minnesota, Comfy of
Blue Earth.-ss. Erick Shaw be-
ing fist duly sworn dcposes and
says; that he was Il juror in the
case of the State OF Minnesota
against Frank Smith who rendered
a verdict on the l4th day of De-
cember, 1909. That i'll the deliber-
alton of the jury room prior to
rendering such verdict some of the
jurors said: "There is a man from
Illinois now looking for this man
now" meaning the defendant, "and
if we don't find the defendant
guilty, he will get him." Erick
Shaw. Subscribed and sworn to be-
fore me this 18th day of Deem
Der A. d. 1909, Arthur Schaub, no.
tary public, Blue Earth county,
Minnesota. My commission expires
Nov. 81, 1916.
County Attorney Plymat states tina
e will not be ready to argue tn
notion by tomorrow afternoon. H
1ill prepare some counter affidavit
rom jurors, who will declare that til
natter of Smiths past record was III
nown to them until after they ha
Il. I IL - !.