The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-02-25

you have an opinion that would take
evidence to remove.
Objection us leading
q. You have stated that you have
an opinion that would take evidence to
remove, now are you sure that that
opinion wouldn't unconscously influence
your Judgment to some extent in weigh
| ing the evidence?
A. | don't think | said that.
q. Am I wrong when | assume that
lyou stated that it would take evidence
| to remove it?
| A. L don't think / said | had an
opinion that would tale evidence to
remove. [ have been very careful
about saying that. l said there couldn't
anybody read anything without form
ing something of an opinion, but ]
didn't say it would take evidence to
remove it.
O. Did yon state little while ago
that unless the evidence convinced you
it was wrong, you would still hold that
opinion?
A. I said we must have some opin-
ion, one way or the other.
Q. Did l understand you to say,
that unless the evidence convinced you
that You were wrong in the opinion
you have that YOU would hold to that
opinion?
A. Yes, sir.
Geddes: Challenge submitted.
Plymat: Hold on, before you sub
nit that challenge.
Q. Have you sometime before to-
day, made a bet upon this case?
A. Yes, sir.
Q. You have stakes up in the hands
|of a certain party in Mankato on the
results of this case, haven't you?
A. Yes.
@. That wager is based upon the
question of the guilt or innocence of
this defendant. isn't it?
A. Yes, sir.
@. Then you have bet, one way or
the other in this case?
A. Yes, sir.
Q. And when you came here to be
called as n Juror today. You did not
change that bet, or call it off, did
you?
A. No, sir.
Mr. Wilson: We admit that chal-
lenge.
Mr.. Peterson: I guess you will.
Mr.. Wilson: We take exception to
that remark as wholly nncalled for
and improper.
Juror Was Excused
Court: You are excused Mr.. Cary.
Fourth: The juror, George Cooper,
after being summoned and before
sworn, in a conversation with an ac-
quaintance, in answer to statement
made by the acquaintance to the ef-
feet that he could not tell what the
jury in the Ledbeter case would do,
said to the acquaintance if he wanted
to gamble on the case he should slip
Cooper five dollars and he void tell
him how the case would come out.
Fifth: c. II. Miller. an important
witness for the state in the Ledbeter
case, while at work at the National
Citizens Bank building, in NIankato,
in the afternoon of December Sth, 1909,
was visited by A. r. Pau, Jr., one of
the attorneys for Grace l.. Ledbeter.
In the morning of December o, 1909,
said Miller deposited $3.50 in currency
in the National Citizens Bank of Man
kato. and departed from the state
without notice to the officer of the
state, and remained out of the state
and refused to return until after the
trial OF Grace l.. Ledbeter, and said
Miller has not been able to satisfac
torily explain his going away and his
failure to return, and where he OBJ
tanned the $3.50.
Sixth: Philip Mulligan and Frank
Kiffe were subpoenaed to appear be-
fore this grand jury. While unde.
subpoena and before tcstifying Philip
NIullgan was taken to the office Of
is. b. Wilson, and Frank Kiffe was
called to said office by said Wilson,
whereupon said Wilson asked each of
said witnesses for what purposes he
had been subpoenaed, and what he
would swear to before said grand jury.
Mr.. Daniels Also.
Seventh: Walter Daniels was in the
employ and service of Grace l.. Led
better and her attorneys, in connection
with the defense of her action. Upon
the filing OF an affidavit of prejudice
against John w. Donahue, sheriff of
Blue Earth county, sworn to by c. j.
| Laurisch, s. B. Wilson and A. r. Pau,
Jr., the summoning of a jury in the
Ledbeter case devOlved upon f. r. Ken
nedy, coroner of the county. Said af-
fdavit of prejudice was filed in the
AFTERNOON of December l4th, 1909.
Heretofore there had been prepared
| in the office of c. j. Laurisch form
of appointment and bond of deputy
coroner, whose duty it might be to
summon the jury in the Ledbeter case
| hnlI hof r