The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1910-01-28
Friday, January 20. 1910
From Saturdays Daily.

From Saturdays Daily.
The motion for new trial, made
by Arthur Schaub, on behalf of his
client, Frank Smith, convicted of the
murder of the late H. J. Ledbeter.
was argued before Judge Pau this
afternoon. Quite an audience was
present, and Smith appeared in good
health and spirits.
The proceedings were opened by
County Attorney Plymat, who moved
that the affidavit of the juror, Eric
Shaw, be stricken from the record, as
purporting to show what transpired in
the jury room, which the law re-.
quires to be kept secret. He pro,
duced authorities.
Mr.. Schaub held that the affidavit
referred to what had happened outside
of the jury room, but mentioned in
side of it. Judge Pau said that it
was difficult to see where the dstinc-
ton was, ii it was talked of in the
jury room. If a part of the talk
in the jury room could be brought
ont, why could not all of the pro-
ceedings be brought out? He suggested
that it was not necessary to decide
the point at once.
County Attorney Plymat said that
he had a counter affidavit by Mr..
Shaw, but would not file it il Shaws
first affidavit was stricken out.
Mr. Schamb cited an authority, but
the court decided to grant the mo-
tion.
Mr.. Scnaub then proceeded to read
the moving papers and to elaborate
on the points on which he had asked
for new trial. The points were mis-
conduct by the jury, errors of law in
the rulings of the court, and that the
verdict was not justified by the evil
dence.
Mr.. Schaub read the affidavits which
he presented some time ago, and wnich
were published in full by the Free
Press at the time.
Mr.. Plymat responded by reading
number OF counter affidavits. Mr..
Schaub read his rebutting affidavits.
State Offers Affidavits.
Mr.. Plymat's affidavits were as fol-
lows:
Affidavit BY Geddes.
w. r. Geddes, beng first duly sworn,
says that he has read the affidavits of
e. j. Laurisch made os the 23d day of
December, 1909, and filed herein, where
in he states in substance that during
the trial of said Frank Smith on De-
cember 10, 1909, and during the morning
recess of the court, this affiant stepped
into a closet on the second floor of the
courthouse, towit, the closet facing the
jury room and next to the window in
the corridor leading to said juryroom,
and that while this affiant was in said
closet the juror. BNby, stepped into
the said closet and was shut in said
closet with this affiant for minute
and n half. That this affiant remem-
bers well the incident referred to in
said affidavit of said Laurisch, and that
the facts incident thereto are as fol-
lows: That on the adjournment of the
court for the morning recess at the
time referred TO, this affiant did step
into said closet and that when he en-
in or thereabout; that Just as this af-
tiant was about to step out of said
closet, the juror Bixby did step in be-
hind this affiant, but that this affiant
did not then know who it was that
had stepped in until he turned to push
The door open to step out, and said
juror, Bixby, passed the time OF day !
with this atfiant in words that this
affiant cannot now exactly remember, |
and affiant responded in like manner,
and Immediately stepped out Of said
closet. That until said Bixby spoke ]
this afIiant did not know who it was
that had stepped in. That when said |
Bixby stepped into said closet, he did
not close the door, although it was
drawn nearly closed, but that this affi-
ant Immediately pushed it open and
stepped out. That said Bixby and this
afriant were not in said closet at the
same time minute and half as al
legged in said affidavit of said Laurisch,
and were not so therein to exceed a
few seconds, and that said Bixby and
this affiant had no conversation relative
to the case then on trial, to-wit, the !
State of Minnesota against Frank |
Smith, and no remarks or comments
of any kind or nature passed between |
them with reference thereto, and that !