The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-02-18
COURT SUSTAINS THE STATES
DEMURRER, TO LEDBETER PLEA

1910, and TO which said indict-
ment the said defendant has inter-
posed and filed her said special
plea.
Upon the ground that said spe
cial plea and former acquittal and
former jeopardy does not contain,
allcge or. set forth facts constitut-
ing defense to said indictment.
And upon the ground that tho
matters set forth in said. special
plea. do not and cannot constitute
bar to the defendants prosecu
ton, trial and conviction under
said Indictment;
And upon the ground that it
appears uponthe face of said special
plea, and upon the records and pro-,
ccedings OF this court in said mat
ter, that the Hon. A. +. Pau, ST.,
was legally disqualified. from sit
ting or presiding as Judge i'm the
case of the State of Minnesota
against said defendant, tried at the
November, A. d., 1909, general
term of this court, and that all
OF the proceedings, had in said
trial before said Hon. A. II. Pau,
ST., acting as judge therein, includ-
ing the verdict OF the jury and
and the order assuming to dis
charge said defendant. from custo-
dy, were absolutely void and OF no
effect, for want of jurisdiction.
And upon the ground that said
special plea docs not contain, set
forth or allcgc facts sufficient to
constitute defense or bar to
the prosecution and conviction of
the defendant under the Indictment
to which said plea has been in
terposcd.
Court Sustains Demurrer
Judge Quinn said that this was {
matter that the court and the counse
had had under consideration for some
time, and it had been made under ;
desire on all sides that the matter b,
certified to the supreme court for fina
settlement. He therefore entered al
order that the demurrer and objection
to the special plea be sustained.
The defense made formal requcs
that the court certify the proceeding
to the supreme court, and the stat
consented to this.
Judge Quinn said that it would talk
same little time to prepare the certif
icate, which would have to includ
the entire record Of the proceedings
and continued the case until 0 a. m
tomorrow.
A new bond has been prepared 10
Mrs. Ledbeter, and will be presented
tomorrow morning.
The proceeding will 90 on the Sill
preme court calendar in its regula
order, and when the calendar is called
early in April its hearing will be Sc
for a day certain. E-s
Would Affect Many Districts.
The decision of the supreme cour
if Mrs. Lcdbeter's special plea i
certified there, will he awaited witt
great interest. In case the plea shoul'
be sustained, it will effect court prac
tice in a number OF districts. In; Judg
Olsons' district his brother is the count,
attorney of Nicollet county, and tn
validity of convictions in that county
if any have been made when Count,
Attorney Olsen was the prosecuting
attorney and Judge Olsen was the pre-
siding judge, they may be questioned
In other districts attorneys are sal
TO have practiced before their brother
Iarc fathers. In these cases the validi
,ty of the determination of the case
may also be qucstional. The decision
!Of the supreme court may therefor
he far reaching.
There is general feeling tina
the law is right and that if the su
preme court sustains the Interpretation
placed upon it by Attorney Genera
Simpson it will have beneficial ef
feet upon litigation in general. At
tOrneys not bearing relationship to tn
court feel at disadvantage, an,
daubtless those who are related ex
pericnce a similar feeling, and perhap
greater embarrassment. All of this feel
ing would be done. away with b.
having actions in such ca.r, tried b.
outside judges who are related t
neither side
Attorneys take as much interest i
cases at litigants do, and often more
and sometimes their fees depend i
some measure upon success in win
ming their cases. 1t is felt that j
would not look well for. judge to tr,
a case in which his near relative wa
interested financially as n litigant eve