The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-02-04
Down in South
Sunny Kansas
md Norfh Olrln !.
.. -. : - = y - =.
LAND! 3

- DOWu All oOuCI
and North Okla
homas ia the, kind that makes happy
homes, soil rich and productive, ample
rainfall, short mild winters, long pleas
ant summers, big crops of corn, wheat,
oats, barley, alfalfa, timothy, clover,
big red apples and yellow peaches all
grow side by side on same happy home.
Stock pastures on green wheat fields
out in the sunny open the entire winter.
Best Of schools and churches. No snow
or DO below weather. Coolest this win
ter 10 above zero. Write me for my
big descriptive price list of improved
farms from S25 to $50 per acre.
| HeMeROW. The Land Man, Caldwell, Kansas
Immigration Agt., Rock Island Lines.
land when he did so was asked by the
court whether he had anything, either
himself or by his attorney. to say why
the sentence of the law should not be
pronounced upon him.
Smith replied that he had nothing to
say, but that his attorney would speak.
Jury's Appeal Effective.
Arthur Schaub said that it had been
his intention to speak on the exceptional
/ circumstances in the case, and that he
had prepared himself with law and
facts along that line, but the court had
already passed upon that point, and he
ibid not consider it necessary to 90
Unto the circumstances and facts of the
case. The. court was right in its rul-
ing, on this point, he thought.
Judge Pau said that he had thought
it his duty to regard in some manner
the recommendation of the jury for
lcnicncy, and he. thought that this rec
ommendation could mean nothing but
that Smith, in the opinion of the jury,
Ought not to have the death sentence.
Mr. Schaub said that he had nothing
else that he wished to say.
Smith was sworn, and in reply to the
formal questions Of the court said that
he was thirty,two years old, and had
done farming, most OF his life and had
no other trade or occupation. The court
thought that these questions were all
THAT he need ask, and Mr.. Schaub said
that he preferred that the court would
not go into the matter further, as the
defendant was considering the matter of
aking an appeal.
Given Life Sentence.
Judge Pau then pronounced sentence
upon the defendant. The sentence OF
1.-THE court, the defendant having been
lconvicted of murder in the first degree,
was that he be confined in the state
|prison at Saltwater "for the term of his
natural life"
The court remanded Smith to the
lcristody of Sheriff Donahue, but instruct
led that he be not taken to Saltwater
until after he had testified before the
grand jury, as lit is understood that
he will do tomorrow. As to what would
be done then would depend upon what
the grand jury did, It is barely posi-
Bile that he may be held as a witness
until after the trial CHARITIES who may
be indicted tmi tee75 olin. ,
The court ordered a recess ,until 9
Ip. m, whep Jpdsc Quinn presided and
heard several motions and, other mat
tiers. Late this afternoon court adj
journed. for the term. The February
term opens at 10 a. m. tomorrow.
in Smith Will Appeal. .
Smith will Immediately prepare an
appeal TO the supreme court from the
courts order denying him a new trial.
It is said that the expense of this will
be borne by, citizens who feel that there
has been miscarriage of justice in
these trials.
| Smith feels confident that he will get
new trial. "a When seen at the county
! Jail after he had been taken back there,
| he said that he would have no state
ment to make at present, but might be-
fore being taken to Saltwater. He said
that he would go before the grand jury
and testify against Mrs. .Ledbeter or the
ISchwandt or both, and would appear a
states witness against them or either
of them at the subsequent trials in case
they should be indicted. He feels that
he is not the only one that. ought to. be
punished anl that he he's hecn con-
,victed for more than he did.
Clothing Must Be Examined.
Mr.. Schaub states that he will allow
|, his client to testify at the trials OF
the parties who may be indicted, only
on condition that the box containing
the clothing found on the body OF the
late Mr.. Ledbeter be opened and ex-
,amined by:chemists, and he believes that
such an examination will, show that
there is no blood on any of the cloth
ling except the underclotSing worn by
the deceased the night that he was
murdered, except that, some may have
been rubbed on the outer garments
in moving or dressing the body. He
believes that the examination will cor
roborate the story told by Smith.
The fact that Smith was not SEN
fenced to be hung seems to give gen
|eral satisfaction.
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