The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-07
THE LEObETER TRIAL
Continued From Page Three.

and II 1T is OF such character as to
exclude any reasonable hypothesis 9TH
er than that the defendant is guilty,
it is entitled to the same weight as
positive and direct testimony, ard if
the facts and circumstances so proven,
satisfies the jury of the guilt of the
defendant beyond reasonable doubt,
then such evidence is sufficient to au-
thorize the jury to so find.
But the prosecution must not only
show you beyond reasonable doubt that
the facts and circumstances so proven
are true, but they must be absolutely
incompatible, upon any reasonable hy-
pothesis, with the innocence of the
party accused, and not capable of ex-
PLANTATION upon any reasonable hypothe
sis other than the guilt of the ac-
cused.
1t is not enough, that the facts and
circumstances so proven are consistent
with, and point to the defendants guilt,
but they must be of character that
they cannot be reasonably true, and
the defendant be innocent.
While is is not necessary to prove
q motive when a party is accused OF
crime it is natural and usual to en-
quire whether such pen son had mo-
tive to commit the crime, because or
dinarily, human beings are impelled to
act by some known, or secret mo-
tive, and in this case, it is your duty
to consider whether, under all the
evidence before you, the defendant did,
or did not have a motive for the
commission of the crime charged against
her, for, from careful consideration
of this case you may get material
aid in determining the question of
her guilt or innocence.
! If you find from the evidence that
she had a motive, it is a circumstance
to be considered with all other evil
dence in the case in determin-
ing the question of her guilt
or innocence, but, the proof OF
the motive, alone, however strong ii
may be, is not sufficient to justify
a conviction of the defendant. 1t is
however, a circumstance, as l have
said, to be considered by you in de-
| termining the question of her guilt o,
innocence; and if no motive for the
commission of the offense is proven, it
is circumstance favoring her limo
cence. The question of motive, like
all other facts in the case is one
for you to determine from all of the
| evidence in the case.
| Before conviction of murder can be
had, it is necessary for the state to
prove by direct and positive testimony
beyond reasonable doubt the death
of the person charged to have beer
murdered, and the fact of the killing
of the person by the defendant, as al
legged, must be established as an in
dependent fact, by evidence, beyond q
reasonable doubt.
Evidence has been given by the state
of various conversations with, anG
statements and declarations made by
/ the defendant in this case. These con
iversations are claimed to have taker
place at the said Ledbeter farm, anC
in the Jail, and elsewhere.
1 instruct you, gentlemen of the jury
that such evidence should be received
by you with great caution. Such evi
dence consisting of repetition of ora
statements, is subject to much i'm
perfection and mistake, the party quo
ted being sometimes misinformed, o.
not having expressed her own mean
ing correctly, or the witness havin:
misunderstood her; 1t frequently hap
pens also, that the witness uninten
tionally altering few of the expires
sions really used, gives an effect t.
the statement completely at variance
with what the party actually said, anc
especially should such evidence be re
ceived with great caution where tn,
witness has not heard all of the state
ments, declaration or conversation ant
testifes to only portions thereof: TIL,
question of the weight of such evi
dence, however, is for you to determine
you are the exclusive judges of what
if anything was actually said, in thos
conversations.
You alone are to determine wha
words were used by the defendant, wha
meaning was intended to be conveyed
by those words; whether the witnesse
were able to understand, and did un
derstand, and have remembered, AM
correctly quoted the words, or not
Ill this is for you to determine, | mere
ly announce to you the rule of Law
that verbal statements or converse
tions are, for the reasons above given
to be received with great caution.
There is evidence in this case tendin
to prove, that for year and upward
prior to the 5th day of May, A. ID
1909, Holland j. Ledbeter, the perso
charged to have been murdered, live
and resided with his family upo
premises owned by him, situate in til
town of Lime in this county of Blu
Earth: That his family consiste
of his wife, Grace Ledbeter, the defend
ant III this case, and four children
viz: Hazel Ledbeter, Howard Ledbetel
Charles Ledbeter and Mable Ledbetel
of ages from seven to fourteen years.
, That for and during the space of
year and upward, prior to the 9Th da
of May A. D., 1909, one Frank Smitl
was living with said Holland j. Led