davidaulloa/AmericanStories huggingface dataset:
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07

which the evidence in this case tends
4, to prove. There are many other facts
and circumstances which the evidence
tends to prove, bearing upon the ques-
ton of the guilt, or innocence of
the defendant now upon trial before
you. You should carefully consider all
such evidence, and weigh it with the
same degree of care as if your atten-
| ton had been called by me, to it, it is
upon your memory you must rely, for
the evidence in this case, and you be-
| ing the Judges of the facts in this
F! case, must determine those facts from
the evidence as you remember it.
1t is upon these various facts and
circumstances that the state herein
relies to connect the defendant in this
case with the commission of the crime.
What force and effect the evidence
may have, or tend to have in this
matter, is for you to determine, whether
this evidence tends to prove the guilt
of this defendant to that degree of
certainty required by the law, is for
| you to determine.
When 1 say there is evidence tending
to prove fact, one way or the other,
| 1 do not say that any such facts
are proven, for this again is ques-
| ton for you to determine and you
alone, whether any of these matters
. are proven, is a question for you,
| without any intimation from the
court, or from any other sources
whatever, other than the evil
dence as has been offered in this case.
shall not attempt to refer to the
evidence given in detail, nor to any
part thereof, for by so doing l might
give, or appear to give, greater prom
inence to some parts of the testi-
mony, than to others, and thereby pre-
JUDGE the one side of this case, or
the other. To review the. evidence and
determine the facts is a duty placed
wholly upon you, and 1 have no view
Tor opinion to express as to what has
been proven or what has not been
proven.
The killing of a human being, unless
it is excusable or justifable, is MUIR
der in the first degree wien perpetrat-
ed with a premeditated design to eff
feet the death of the person killed, or
another.
Homicide is excusable when commit
ted by accident or misfortune, in do
ling any lawful act by lawful means
with ordinary caution and without any
unlawful intent.
Homicide is justifable when COM
mitted in the lawful defense of the
slayer, or of his or her husband, wife,
parent, child, brother, sister, master or
servant, when their is reasonable
ground to apprehend a design on the
part of the person slain, to commit a
felony, or to do some great personal
injury to the slayer, or to any such
person, and there is imminent danger
of such design being accomplished; or
! in the actual resistance of an attempt
a felony upon the slayer, in his pres
ence, or upon or i'll a dwelling or other
place of abode in which he is.
To constitute murder in the first
degree, there must have been a pre-
meditated design on the part of the
defendant to effect the death of the
|person killed., OF another That is.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07

claimed to her that the said Holland j
Ledbeter was killed by himself, and by
one Garner, and buried in the barn,
and said Smith claimed that he had
had an offer of thousand dollars from
some persons to withhold such facts;
that he wanted to get said thousand
dollars, but would make a statement
| of such facts after he receiced such
money. That when said Frank Smith
made the statement as aforesaid, II
we had buried him deeper in the barn
they would not have found him, the
defendant understood him to mean him
self and Garner. That when he made
the statement, "If we had not buried
him in the barn would your father
have gone there to reside, the defend
ant understood him to mean himself
and Garner.
There is evidence in this case tend
ing to prove, from the defendant her
self, that the candy so thrown, was
in fact thrown to said Smith. There
| is evidence in this case tending to
prove that the same was done for the
purpose of keeping said Frank Smith
in good humor towards the defendant
and to induce him to make state
ment of the occurrence of the murder
of said Holland j. Ledbeter, exhonerat-
ing her. The defendant claiming that
the statement of said Frank Smith
duplicating her in said murder was
false.
There is evidence in this case tend
ing to prove, that if any kiss was
thrown by said Frank Smith towards
the cell of this defendant, it was not
heard by the defendant, and that
she waived or gave no answering kiss
to said kiss if thrown.
There is evidence in this case tend
inc to prove, that on the morning o
the oath day of July, 1909, converse
ton was overheard between said Franz
Smith and this defendant, by ont
Richter, at the said jail in said county
of Blue Earth That in said converse
ton the said defendant urged saiC
Frank Smith to stick to his first story
and urge him to make confession there
Iof to Rev. Father Hughes of this city
with authority to said Father Hughes
to make public the same.
There is evidence in this case tend
ing to prove, from the defendant her
self who is witness in her own be
half. that, she did have converse
Ition with said Frank Smith, at o.
about the time in question, that sh'
did at said time urge the said Franz
|Smith to tell the truth in regard t.
this murder, and that she did at sale
time URGE him to make statement O
said matter to the county attorney
and other reputable persons anon:
whom was the said Father Hughes.
/ There is evidence in this case tend
ling to prove, that on the morning o
the 9Th day of May, 1909, there wa!
no blood or evidences of the killing O
said Holland j. Ledbeter, found about
the premises at the hour of sever
|o'clock, OF thereabouts, of that day
That the defendant in this case saw
no evidence of blood about the prem
ises, either at the house, or at the
barn. 1e ~ TAI .p.:
4 | have not undertaken to detail tt
YOU all Of the facts and circumstance
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07

II Requires Nerve to stand the strain of
nervous neuralgia, pains in the face, head
or any part of the body. These pains are
quickly chopped by the use of Perry Davis
Painkiller. The relief is immediate ard
lasting. Do not suffer moment longer
but use the Pairhilior az directed. Avoid
substitutes, thee is but one Painl.iiler,
Perry Dayis'. Price 25c, 35c ard See
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07
Sheffield Is Reappointed.

Governor Eberhart has announced
the reappointment of Benjamin b.
Sheffield of Faribault as chairman of
the board of directors of the school
for the deaf and blind at Faribault.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07
John Klein Undertaking Co.
FUNERAL DIRECTORS AND EMBALMERs

Under ownership and this old reliable
exclusive undertaking establishment Southern Minnesota Tie
practice the professions embming and funeral directing
business and entrusted will be executed aues
Mr. Frank Busch the will devote his
direction of funerals He will be assisted by Mr. A. o. Scott
Iowa. embam funeral director Of wide repue
the organization members Of his profession He is
Manko with the highest
praccng modern methods
ACCESSORIES THE FINEST
the point equipment such funeral and FORTH and the
number cae carried stock the John Klein Undertaking Company
will be second in the Northwest.
Busch purchased undertakes
carriage, the finest heses built These beautiful vehicles will
Manko this commission Large orders
supplies being filled rapidly possible and the stocks
will be complete in the near future.
We shall the best possible and to merit large portion
|of public patronage
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07

Miss frankie Wells visited friends
in the city on Wednesday. :.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
INDIANS ARR:
EMIL I(lH t TENED
Now Want Cooking
Ranges, Flour and
Chewing Gum

Seattle Wash, Oct S.-Katak, a
Point Berrow Eskimo. sent TO Seattle
by a ship that arrived yesterday 100
foXskins To be sold for $1,000 aud the
money used to purchase goods He
wishes niles flour, tea, cooking
range and score OF articles that ne
has never seen, but whose pictures in
the Advertising sections of the mag
azines and newspapers have attracted
him
The missionaries have stopped the
traffic In whiskey between the whal-
ers and the Arctic Eskimos, who are
not in improved health and becoming
So wise that traders can no longer
exchange worthless trifles for furs
and ivory and ivory.
What appeals to the natives said
Captain Backlund. is that while Il
gumdrop Is consumed in a few min
utcs the stick of chewing gum lasts
almost indefinitely and can be used
turn and turn about by tho Whole
family"
The gold output on Kozebue sound
this year was below me average, ow-
ing TO floods interfering with slic-
ing,
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
NEGRO ROBBER is
CAUGHT IN OGDEN

John Holcombe. a negro OF Salt
Lake City, was arrested by Detective
Chambers OF the ogden police force
and Detective Mitchell. negro officer
OF the Salt Lake force. at midnight
last night as a suspect in the robbery
OF $3.50 from an ice dealer committed
Thursday at the Fair Grounds in Salt
Lake City.
The robbery according TO the Ice
man. was committed at / o'clock dur
ing Thursday afternoon, occurring in
a jam ia the crowd of visitors at the
State Fair. Holcombe said when ar
rested that he left Salt Lake Thurs
day evening al 6 p. m, for this city.
but denied having anything TO do with
the robbery.
The negro detective arrived last
evening and sought the assistance OF
the local department in searching for
his man. Detective Chambers accom-
panied him on the hunt, and, shortly
before midnight, the suspected man
was located in the Banquet rooming
house.
Holcombe never once lost his poise,
and acted as though an arrest and In
caTccration was an every day occur
renee With him. The man was well
dressed and carried roll OF sci. At
the station he asked that an officer
be sent back 10 his room. 10 collect
his valuables and lock them in his
trunk. so that he might moi lose them
during his soJouu behind the bars.
Unlike most negroes. this chap was
amply provided with clothes. having
four changes OF apparel from his head
to his toes in his room, at the Ban
quet.
Detective Mitchell loaded his man
in the patrol wagon. and FASTENED TO
the depot in the nope Of returning him
TO Salt Lake on the fight special. but
missed IT by a few minutes
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
ON NOUN I
NJ KINLE \
ColumbiaUniversityPr
fessor Was Unable to
Reach the Summit

New York, Oct S.-ProfcsSor Her
schel c. Parker of Columbia uniyer-
sity, who returned on Thursday from
his unsuccessful attempt to climb
Mount Mckinley has just submitted TO
the explorers club here his report OF
the trip. He declares that he un-
doubtedly reached a point closer to
the summit than any previous eXplor-
er. He scouts the claims of the So
called Lloyd party, which Drofessed
to have climbed the peak in April, as
we'll as those OF DR.. Cook.
Tho Columbia professor claims two
worlds records as the result OF his
adventures One of them is the feat
OF staying fifty days on the Chulitna
glacier, supported only by the provis-
ions which he had and his party could
carry on their backs.
The second record is that OF having
climbed to the highest point of the
now famous mountain, His instru
ments registered a height of 10000
feet. Even at that height, Professor
Parker said. he was seven miles from
the unconquered summit
In his expedition. DR.. Cook said
that he reached 10. 400 feet. aud Pro-
fessor Parker explains 10 the eXplor-
erS club that after DR.. Cooks return
a careful examination of his instru-
ments showed that they registered
l.0l0 feet out OF the way
The party made -four attempts 10
scale the mountain from the south
ern sides. Each time they were drv~
en- back.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
MRS. WEST MADE
A GOOD SHOWING

Mrs. Evelyn y West has been kept
quite busy since the convention. by
phone and personal calls of her many
friends. congrNtulatlnG her on the fine
showing she made as a candidate for
county recorder. and while her friends
regret the fact that she did not gel
the nomination. they arc proud Of the
race she made
Standing alone. with nG~faction or
combination TO work with. She uoght
Ia feel grateful at the result a num-
Der of successful candidates for DIFF
feret offices lost out in their first
attempt receiving less votes than she
and there is no reason why she should
not try again, say her many friends.
Mrs. West takes this opportunity
OF thanking all those who were so
loyal to her.
Mrs. West has only one regret in
connection with the campaign and
that is the circulation b. a number OF
politicians OF the report that she was
incompetent Mrs. West was a stud
ent at the University OF Deseret. be-
fore IT became the University of Utah.
and later she was teacher in The
graded schools Of Salt Lake CITY,
all of which proves her fitness to he
county recorder or to serve in any
other public office In this county. She
is talented lady and her ability
should be recognized by her party.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
Monarehists Give Way.

Lisbon, Oct. S.-Quietfcontinues TO
reign In this city. and thus far there
has been no sign OF any reaction in
favor Of the old regime The mon
archical party is generally reeardo
as dead. particularly since the Rad
Gals. under the leadership of Dr. Jose
Maria Alpoin. have thrown In their
lot heartily with tho Republicans. OF
al the monarchical leaders. only
three. Including General Pimentol
Pinto and two trancists. Vasconcellos
Porto and Ayres Onellas. are said 10
have taken any active share In at-
tempting 10 suppress the revolution
AIRY movement
The complete disappearance OF tbe
monarchicnl party is reflected in the
dsconunuanoe OF the seven newspa.
pers which represent the entire mon
archical press.
II is not yet indicated what action
the now government will take against
the leaders OF tho opposition How
ever. General Pinto. who is n former
minister OF war. has been arrested
and several officials. including Vas
concellos Porto. have been directed
to report themselves at once at head
quarters.
The date for the renssembling of
the national assembly has not yet
been fixed
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
IN OXICANTS s
s OIL d [ @
MINORS

George Bello. a Greek saloon keep
er. and Z. Nina, Japanese saloon
keeper. were arraigned in police court
this morning and charged with sell.
ing intoxicants 10 minors. The arrest
OF the two men is the result OF
charges made ~ Ralph Freeburg and
Nephl Cowlishaw, wards Of the iu-
yenile court when questioned by Ju-
vcnile Judge V c. Gunuell
Each saloon Keeper entered a plea
OF not guilty and the cases were set
for next Tuesday morning The men
were placed under a bond OF 5000
each.
w. / McCarty pleaded guilty to the
charge Of disturbing the peace and
was fined s. or flve DAYS.
Pearl Price. charged with vagrnncy.
Headed not guilty and her case weS
continued. Her bond was fixed at
$40. The Price woman IS an octoroon
and was arrested at the Fair grounds
yesterday afternoon
p. Jowan forfeited a bond OF $40
by not appearing for trial He was
charged with yagsancy-
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08

phia and Chicago could not lie ousted
from the lead, is now thing OF the
past. and New York has the distinc-
tion of furnishing the runner.up 10
the champions OF each organization.
In each case the battle was waged al
most To the closing day before the
outcome was settled
The New Pork Nationals clinched
second place and passed out OF the
danger zone Thursday. when they de-
feated Brooklyn. Although they still
have four games TO play. the worst
record they can make is 90 victories
and G3 defeats. two full games better
than PittsburG.
The New York Americans were one
day behind the Giants in clinching
their title to second place Yester-
day morning Detroit stlll had
chance 10 nose them out. but with Dc
troits defeat yesterday, each team
has two games left TO play. The best
record now possible for Detroit is 81
victories and 81 defeats. while the
worst finish the New Yorks can make
Is Sc Victories and Go defeats. This
would give the metropolitan repre-
sentatives a slight advantage over
their rivals.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08

finally was deferred until the next
convention and the delegates scramb-
led for trains.
The platform as adopted denounces
the Payne tariff bill and arTaigns the
Republican congressmen OF Michigan
for their acceptance OF IT, It demands
bipartisan state boards and commits
sions as Il protection against scandals
such as were recently exposed In the
state. Tho placing Of all state cm-
ployes under civil service was recon-
mended and the candidacy of I.awton
T. Hemans for governor and John T.
Winship for United States senator
were laudcd
Although delegations from several
counties failed to answer roll calls.
the gathering was said TO be the
largest Democratic convention that
has been held in recent years
The candidates nominated were:
Justice OF supreme court-Mark
Morris
Attorney general-T. ]. Bresnahan.
Secretary OF state-Adolph Peter
son.
Treasurer. Y. Macarthur.
Land commissIoner-R F. Barnes.
Auditor-General-Thomas Gordon
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
HIS MEMORY
IS RESTORED
Tumor on the Brain
Had Made a Nan a
Mental Wreck

Denver, Oct S.-Four years ago,
jeremiah Warwick placed his moth
erless boys in an institution in this
city, For a time he visited his sons.
aged then eight years and five years.
respectively, and then his visits
ceased. Failure 10 receive any pro
vision and inability TO ind trace OF
relatives, finally led the authorities
OF the institution to make other ar
rangements for the boys. and they
finally ended in the state home for de-
pendent childTon
Ten days ago, Jeremiah Warwick.
q mental wreck whose memory was
entirely gone, WAS operated on at a
hospital here and tumor removed
from his brain .-...-....
Memory and power of speech,
which he had also lost. came back TO
him gradually, and yesterday he In
quircd for his boys, regarding whom
his mind had been blank for over
three years
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
BLACK HAND
is DOOMED
Leaders of MurderouS
Band Are Now Known
to the Police

New York. Oct. S.-The arrest Of
several noted Italian criminals. who
are believed 10 have been associated
in a BLACK Hand" band which has
operated extensively in various parts
OF the United States. is expected by
the New York police as the result OF
evidence turned over 10 them in a let
ter sent from Italy and Just received
here.
The writer says that now he Is safe
in Italy. he wishes TO denounce an
organization which, under tho dis
disguise of a mutual benefit society
for Italians in America, compels his
countrymeu TO become members un-
der threat swears them to secrecy.
and then forces them TO take part in
criminal expeditions planned by the
leaders.
The letter mentions the two lead
ers. one of whom lives in this city
and the other IN New Jersey. He
says that they are responsible for
many of the crimes attributed TO the
Black Hand" The names OF the
men are withheld by the police. pend
ing an investigation
The writer states that he was pres,
ent when one of the leaders. assisted
by his executive committee. mur-
dered an American citizen in cold
blood. robbiug him Of $1,000
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
RESTING PLACES
OF CONFEDERATES

WASHINGTON, Oct S.-Marking
the last resting place of $500 officers
and men Of the Confederate army and
navy, who died as prisoners OF war
at Camp Douglas, between 1862 and
1860, II $4,000 monument on a mound
in Oakwoods cemetery, Chicago is to
be improved greatly.
Under a special act OF congress. a
contract has been awarded FOR rails
ing the base about five feet three
Inches and for placing sixteen bronze
tablets around the new sub-bdsc or
mound. These tablets will bear tho
names, rank, company and regiment
of the $500 men together with an
appropriate inscription. The work
viii cost 1920 The new base Will
be faced with granite.
The monument was erected fifteen
years ago by the ex-COnfederate as
Sociation OF Chicago.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
THOUSANDS AT
WORK ON CANAL

WASHINGTON, Oct. S.-The 18th
mlan canal commission reports that,
on August IL. there were 35.S67 en-
ployes actually at work on the canal
and the Panama railroad and OF this
number 29,951 were canal employees
No labor recruiting during the month
was necessary. The number of Amer
leans engaged in the enterprise shows
an increase OF twenty-five over the
report of July and the total force EN-.
ployed is divided as follows;
Railroad. 329S; railroad relocation
force, 1903. railroad commlssary
force. 29,950
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
SOLDIERS HAVE
THE LATEST GUN

WASHINGTON. Oct s.-Thc Unit
ed States Marine Guard at Pekin, the
entide marine force in the Philippine
islaDds and every marine in both the
Pacific and Atlantic fleets have been
equipped with the latest modern arm.
the newest model OF the Springfield
army rifle.
This makes 1000 or more marines
already armey with this weapon while
al the nest of the marine corps
which musters a strength OF a little
less than 10.000-are equipped with
the old g-Jorgcnsen. These still
uneuuippcd are the marines ashore
on the Atlantic and Pacific coasts, in
this city and I'm Hawaii The new
rfle is fast multiple fire.
The idea Is 10 equip the entire corps
With the same type OF weapon as the
army uscs 40 az 10 have uniformity
IN both services. Tho funds for tho
,Snply have nun out and to complete
the equipment an appropriation OF
congress will be necessary.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
LEADER OF
THE REVOLT
Admiral Refs Lost Heart
and Ended His
Own Life

Lisbon, Oct S.-Admiral Candido
Rels. who committed suicide on his
flagship shortly after the uprising be-
gan, In the belief that the revolution
had been unsuccessful, has taken
place in the minds of the populace
alongside the other so-called martyr
OF the revolution. DR.. Bombarda.
whose assassination was the occasion
Tor an outbUTst which led up directly
TO the events Of the last few DAYS.
Admiral Refs took the initiative in
precipitating the revolutionary move.
mcnt among the vessels OF the fleet
which lay anchored on Lisbon He
bad agreed with the other Republican
naval leaders that a salute of thirty
one guns should be the signal on each
boat, apprising the others that the up
rising was successful, In the con-
fusion which attended the outbreak
on the cruisers, only three guns were
fred. Admiral Reis. hearing those
three guns, jumped to the conclusion
that the whole movement had failed
Ia despair, be drew his revolver and
fired a shot into his head. dying at
once.
The Evening standard. [volume] (Ogden City, Utah) 1910-1913, 1910-10-08
WHEN new YORK
HAD ONLY $4,000

Los Angeles, Cal. Oct S.-James
Bowles of this city has unearthcd a
number of curious old books from a
lot which he has had stored away
for a number Of years, among which
is a copy OF the first New York dI-
rectory. issued in 1856 1t contains
the names of all the residents of New
York City at that time, numbering
1900.
A review of the events OF the pre-
cedlng year also Is contained In the
book. A small advertisement tells
OF the excellent rum" sold AZ No. 20
Broadway, now the home OF the Stan
dard oil company Only fCrtyItwo
lawyers were in New York at that
time and side by side are the names
OF Aaron Burr and Alexander Hamil-
ton.