The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-11-04

said Don't tell anybody that we
were here, not even the neighbors, and
when you 90 up town don't say any.
thing about it, Upstairs my father
asked the sheriff if he could go back
in few days and the sheriff answered
that will depend upon the county at
torney. Upstairs my father said that
the detective and Traxler said they
would do all they can for him and
my father said to the sheriff: Wont
YOU John?' and Traxler said: yes. |
saw my father two or three days after
wards at the Jail and he looked about
the same as when he left the house
the day he was taken to JAIL"
Mary OMalley testified: Il am the
daughter of defendant and was sixteen
years old last March. | did not stay
at home much from the time my father
was married the second time until the
death of these children. | was working
out most of the time. On the night
of August 8 l woke up during the
night and heard talking down stairs.
i heard the detective and Mr.. TraX-
Ter talking and papa. l heard the de-
teetive swear. He said: You are a
God damn liar l heard it more than
once. He talked loud. L heard him
call papa liar, and said that if he
did not tell the truth they would hang
him to the first tree they came to. He
said: If you do not tell the truth
we will cut you into razor straps
heard papa say he did not do anything
to those children at all. He said it
more than once. | could not under
stand what TRAILER said but heard him
talk. Papa called me down and l
dressed and went down. talked to the
detective about ten or fifteen minutes
in the kitchen. Thu, 1raXler and papa
were in the dining room. The detective
told them To 20 out and he talked to
me alone.
Cross examined by Attorney Edger-
ton, witness testified that she was
asleep at the time her father called her
down stairs.
Was Easily Discouraged.
Michael Nester testified: Il have
lived in Lexington township all my life
and live about two miles from defend
ant Witness said: During the time
| have known him | know that he was
easily discouraged when there was
sickness i'll the house. Last December
when one of my boys was sick O'Mal-
ley came over and saw the boy and
he said to me that the boy was going
TO die, that he could notice it on his
eyes. | had heard him make similar
remarks after and previous to that. l
heard him make similar remarks about
my brother Joe. This was before he
made the remark about my boy"
Christ Hahn of Lexington township
and Daniel Vellick, merchant. and Sam
Kendall of lie Sueur Center, testified
that they knew defendant for many
years and that his reputation previous
TO his arrest was always good
William Sweeney testified as fol-
lows: Il have known defendant for
about twenty-five years. l had sick
ness in my family last winter. Ny
daughter was sick. OMallcy came over
one day and just before going home
he told me that she was very sick
by the looks of her eyes"
{. &. Bowdisb, court reporter in this
district, testified that he reported the
testimony given at the preliminary
hearing in this action OH August %
1910. and made Il transcript of the
testimony, Clarence Taylor. one of the
witnesses examined, testified at that
time that defendant appeared very
nervous and told Taylor that Traxle1
and the detective came there that night
and intimidated and scared and threat
ened to hang his daughter if he did
not admit that he poisoned those chill
dren.
o. c. Thur testified in rebuttal that
he did not see the detective draw a
revolver when defendant and he. the
detective, were in the room just prio
to signing the confession.
Both sides rested and the argument
and charge to the jury followed
lie Sueur Center, Mimi, Octobe
3l.-Attorneys for Martin O'Malley
convicted of the crime of murder il
the first degree, made strong pleas il
behalf of their client and suggeste,
to Judge w. p. Morrison that the ex
IRENE penalty be not imposed, basin:
their reasons upon the ground tina
he is not of sound mind. However
Judge Morrison brushed aside thes
pleas and pronounced the sentence o
death, rs reported in The Free Pres
of Saturday.
1t was at $3.50 o'clock Saturda,
morning, few hours after the re
turn OF the ver.lict by the jury. tina
County Attorney IIanzcl moved tn
sentence OF O'Mallcy. The defendan
was brought before the Judge, who ask
ed him his age. To this OMalle
replied that he was forty -one, that hi
true name is Martin O'Malley: oc
cupation, farmer; born in lie Sueu
county. The court then said: "Ml
O'Malley, you have been convicted b,
jury of this county of the Grim
of murder in the first degree. Hav
you anything to say now why sentenc
should not be pronounced on your"
Statement By Mr.. Kolars.
Attorney G. G. Kolars addressed tn
,n,,rt as fol1nwc. CAT fL;o +;,,o 80,