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

/ so TO DO except ms sad physician IN
the presence and hearing of this affiant
and that said physician is not commun-
icate to said juror anything about said
case or about the said Divine and Dow
would have been impossible for the
said physician DR.. J. NJ Edwards to
have done so without this affiant hav-
ing heard it.
Henry Hodapp's Affidavit
Henry Hodapp being by me first duly
sworn on oath says that he was one of
the jurors who served upon the case of
the State of Minnesota against Frank
Smith, which jury rendered its verdict
in said case upon December ID, 1909;
and that on the 4th day of December
/ A. d. 1910. this affiant did see certain
headlines in The Daily Review of De-
cember l3, 1909, of which this affiant
read the following and no more, to-
wit: Frank Lavendoski alias Frank
Smith, that said headlines did not claim
that the said Frank Smith was wanted
in tht Illinois penitentiary for break
ing his parole. That this affiant did
have a talk with one Arthur Schaub
relative to making an affidavit for him
and did see an affidavit which said
Schaub had prepared; and that the
statement "That such headlines claim
ed that the defendant was wanted in
the Illinois State prison for breaking
his parole, and affiant believes that 9th
ers of the jury saw as well" was not
in the affidavit so presented by said
Arthur Schaub to this affant; but
that attached to the said affidavit so
shown by said Schaub to this affiant
was an exhibit with the said head
lines upon; and that attached hereto
marked Exhibit "a" and made a part
hereof is true and correct copy of
said headlines and an identical copy
of the headlines which were attached
Ito the affidavit prepared by said Mr..
Schaub for this atlantis signature. And
further affiant states that nothing was
considered by this affiant in rendering
his verdict in said cases save and eX-
Icept the testimony of the witnesses in
court; and affiant believes that none of
the other Jurors were in any way in
|fuenced in rendering their verdict save
and except by the evidence given in
'court: and that this affiant did not
impart any of the said headlines so read
by him to any of the other jurors.
Rooney Swears to Statement.
Thomas Rooney being by me first duly
sworn on oath says that he was one of
the Jurors who sat upon the trial
of one Frank Smith and who found the
said Frank Smith guilty of murder
in the first degree on the l4th day
of December A. ID. 1909.
That this affiant does not know one
David Devine, the sheriff of Logan
county, Illinois, or one Dowell, the
deputy sheriff of the Illinois peniten-
tiary. That on the 18th day of De-
cember A. d. 1909, this affiant was sick
and taken to the county Jail of said
Blue Earth county by bailiff, James
Ilowieson and given a room there to
rest in; that at said time he met no
one and talked with no one save and
except the baiiff and his physician, DR..
John NJ. Edwards; that he was not at
the time he was so in the said county
Jail introduced to said Devine or Dow
ell and that he was not introduced to
anyone; and did not talk to anyone
about said Frank Smith or about this
atlantis brother. John Rooney of Chica-
go, Illinois. That upon his return to
the jury room he did not impart any
information about anyone being here
from Illinois to see said Frank Smith;
and that he did not know anyone was
here for that purpose. And that he
did not tell Erick Shaw. also a juror
of said case, that there was anyone
here from Illinois for the said Frank
Smith because this affiant did not
know such the case until after the rem
dition of the verdict in said case.
That affiant rendered his said verdict
in said case solely upon the evidence
produced in said case and was not in
fuenced in any way by anything except
said evidence; and that this affiant be-
lieves that the other jurors also acted
solely upon the evidence in arriving
at their verdict And that the fact
that any one was at Mankato for the
purpose of seeing or taking said Frank
Smith away and that the said Frank