The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-05-27
FIRST TRIAL VALID
SAYS HIGH COURT
From Fridays Daily.

Mrs. Grace L.cdbeter cannot again nc
tried under an Indictment OF murder
in the first or second degree, according
to a decision rendered by the Mime
sofa state supreme court and filed this
morning in st. Paul. The opinion was
written by Chief Justice Charles NJ.
Start and eoncurred in by his assoc
ciates. The decision in effect is that
Mrs. ~L.edbeter cannot again be placed
in jeopardy.
The court holds that the legislature
did not change the law relating to the
disqualification of judges.
Was Indicted Nov. I3, 1909.
On Nov. Ii, 1909. the Blue Earth
county grand jury indicted Mrs. Led
better for murder in the first degree ON
the charge of killing her husband. Hol-
land j. ~L.edbeter, on May 4, 1909. On
Dec. 81, 1909, she was placed on trial
under this Indictment in the district
court of Blue Earth county, Judge 4.
r. Pau, ST., presiding. She was de-
Tended by A. X. Pfau. Jr.. C.. J. Lanr-
isch and s. r.. Wilson. A verdict Of
not guilty was returned and Judgment
for discharge was entered by the
court On Feb. :, 1910, the grand jury
of Blue Earth county returned Il see
ond Indictment against Mrs. Ledbeter.
accusing her of murder in the second
degree. Upon being arrai9ned under
this Indictment she entered Il plea of
former acquittal and jeopardy.
The State Demurred.
The state demurred to the plea and
the demurrer was sustained by Judge
Quinn, presiding. Judge Quinn held
that Judge Pau, who presided at the
first trial, was disqualified to sit be-
cause of his relationship to one of the
defendants attorneys, A.. X. Pau, Jr.
On this. ground Judge Quinn held that
the first court was without lurisdic-
never in jeopardy. The defendant APP
pealed from Judge Quinn's ruling to
the state supreme court, claiming that
Mrs. Ledbetcr had been placed i'll ieo-
pardy at the first trial and that under
the Constitution OF the state and the
l fnltPu aNtCltS NUt NOtllu tSdiu ~"
placed on trial for this offense. In
Judge Starts opinion, handed down to-
day. he sustained the position taken
by the defendants attorneys and holds
that the first trial was valid and that
The verdict of not guilty stands.
Mrs. Leibet'r in Wisconsin.
Mrs. Lcdbeter is on. On 'sl. Shc Is
at present with her father a. Siic.l
Lake. Wis. She is ordered to appear
in the district court here on June 9.
On that date the indictment charging
her with murder in the first degree
will be quashed in accordance with the
decision of the supreme court. There
is another Indictment charging her
with being an accessory to the muir
der OF her husband.
Did Not Care to Discuss Case.
County Attorney Plymat did not
care to discuss the ease at length. He
Of the supreme court that the
trial Judge was not disqualified
even though his son was one oil
the attorneys in the case, it would
not have made any difference whether
the state had objected to his sitting,
when the first trial was begun"
Mr.. Plymat, when asked whether
Mrs. Ledbeter would be brought to
trial on any other charge, replied that
this was n matter that would resi-
largely with the county board. If
there is no Indictment hanging over her
at the preset time, charging some other
offense than the one that she was i'm
jeopardy from. the grand jury can re-
turn indictments ut any time within
three years OF tie commission OF the
Ofiense alleged.
Another Indictment Also.
There have been rumors that the
last grand jury returned an indictment
charging Mrs. Lelbeter with being an
accessory aftcr the fact, besides the
Indictment that she was arraioned
upon, which charged her with murder
in the second degree. She is now out
on bail. to appear at the opening OF
the jun term of court. and the in
dictment charging murder will probably
be dismissed at that time. What else
will be done remains to be seen. Mrs.
Ledbetcr is ut present in Wisconsin, so
her attorneys state, and they say that
in view of the December trial and yes
tcrday's decision of the supreme court
she cannot be tried again even as an
accessory. They wish the county at
torney to dismiss the proceeding with
out requiring her to be present in