The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-28
PLEA FOR NEW TRIAL
ATTORNEY SCHAUB ASKS COURT
TO GRANT HIS REQUEST.
Arguments Made on the Motion; Judge
Pfau to Decide the Matter on We'd
ncSday Morning at Ten O'clock;
Question Of the Admission of Evil
dcnce and the Rulings Made Dur
ing Hearing.
From Mondays Daily.

, From Mondays Daily.
| Judge Pau will on "Wednesday at ten
O'Clock decide the motion for a new
trial, presented on behalf of Frank
Smith by his attorney, Arthur Schaub
+ In case he ovcrrulcs the motion, he
will at that time fix upon Il time for
pronouncimg sentence. The general OPP
inioa is that the motion will be over
irulcd.
! Continuing his argument Saturday
afternoon. Mr.. Schaub said that Mr..
/ Laurisch is practicing attorney, not in
anyway interested in this ease, and his
statement at least shows a carclessncss.
! Il disregard of the case thrown around
I the jury, which the law requires. on
/ the part of those in charge of the jury.
/ There was an admission by Juror
! Ilodapp that he saw headline. and
it practically gave to him in a nut
shell the whole story of the article,
| that Smiths true name was Lavendos-
/ ki, and that he was twice sent to pris-
on for forgery in Illinois. Juror Ben
der made guarded statement that he
! did not read the article. The Juror is
not to be blamed for seeing the article
if it was publicly exposed i'll barber
| shop, but the blame is upon the wit
nesses who put their testimony in the
lpubic press, and on those who allowed
Tho n hn ,,,ghli.l,- ~
that the jury could see them. There
was no denicl that Bender and other
jurors saw the article, if they did not
read it.
Mr.. Schaub said that he knew of the
facts and considered it his duty to
bring them to the knowledge of the
court, which intends to do right. 1t is
difficult to get evidence Of such facts,
and he had tried hard to bring them
! ont better than he had been able to.
1t was the duty of the state and all
connected with the case to try to
bring out the facts as they exist.
Eleven jurymen could have been called
OH by the state for aIfidavits, ii the
paper was not publicly exposed in the
barber shop. Mr.. Schaub said that he
would always feel that the defendants
| interests were prciudiccd.
Judge Pau said that it all came
back TO the permission granted jurors
| to 20 about and have liberties. At
! torncys for the defense request these
things, and when tic Jurors see things
on such trips they make it ground for
asking for new trials, and throw some
blame on the court.
Mr. Schaub said that there was no
intention to blame Tie court. 1t was
the fault of witnesses who publish their
testimony III the papers.
Question OF Errors in Ruling.
Mr.. Schaub took mp the question OF
| errors Of law i'll the rulings of the
court He referred particularly TO the
ruling Of the court shuttin" ont all but
certain parts Of the testimony that
could have been given by +. +. Scar
ing in regard to the conversations at
the Jail on the night of the arrest OF
Mrs. Lcdbctcr and Smith. Mr.. Schaub
said that he had tried to bring out
that Smith had claimed that Mrs. Led
better had killed her husband and that
he had merely assisted III buoying the
body. TO explain what Smith had
mcant when he said to Mrs. Lcdbctcr:
"When YOU helped me Kill him. etc,
and which Smith had subsequently
modified by substituting the, word
bury" for the word kill.
Another point was i'll the evidence
| of p. A. Lcdbctcr. Mr.. Schaub feared
that the jury lad got a wrongful feel
inc that Lcdbcter had blamed Smith
for the murder. owing to a ruling by
the court shutting out question
tending to correct this. Some other
rulings of the court were also referred
Ito. excluding questions asked by the
defense of Matt Bor9meier and other
witnesses.
Mr.. Schaub thought that his offer to
have shown another and greater motive
for the murder. by other parties, than
that of illicit relations between Smith
and Mrs. Ledbetcr, which was the mo-
tive offered by the state, should have
been admitted.
Judge Pfau called attention to Nj.
Sclaubs statement when he made this
offer in the trial that he had no evil
dence at hand to support that The
court and Mr.. Schaub remembered the
facts differently about this, and Mr..
Sclaub said that he would abide by
the record, but Judge Pau said that
the record was not necc ssary, rs he
remembered it well, because he had
thought the situation very peculiar
one.
Mr.. Scllaub said that he had done
all that he could for his client, and felt
relieved, and the burden was now on
the court to do what was right
Motion Is Opposed.
County Attorney Plymat then ar
gued against the motion OH the part
of the state. He presented some law
to the effect that great weight should
be given to the verdicts OF juries, and
attempts 10 upset them accepted with
|tlc greatest caution. The showing Of
misconduct OH the part of the jury was
The means of knowledge
of the parties making the afiidavlts
must be considered. Some of those