The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-12-01


Both sides rested and County At
torney Schmitt addressed the jury
He was followed by w. A. Plymat
for the defense. Then Judge Pfau
gave the jury his Instructions.
From Saturdays Daily.
Objection on the part of the de.
tense was made Yesterday afternoon
to the introduction of the confess
sion alleged to have been made by
Oliver P. Ballinger, who is on trial
in the district court charged with
arson in the second degree. This
document the state desired to get
before the jury, but Attorney w. A.
Plymat, one of the defendants coul-
sci, raised the point that the so.
called confession was obtained from
Ballinger under duress. This was
an unexpected turn in affairs, and
County Attorney Schmitt moved to
continue the case until the next
term of court on the ground that
one of the states witnesses, DR..
Roy Andrews, was absent from the
city and his presence in court could
not be obtained at this time.
Judge Denied the Motion.
Judge Pfau could not see his way
advised that the court take a recess
until nine o'clock this morning.
Meanwhile the attorneys were adj
vised to search for authorities COW
ering the Introduction of confes-
sions
A. T. Newman, marshal at Lake
Crystal, was one of the states wit
nesses yesterday afternoon. He tes-
titled as to the condition of the Bal
linger or Epson home, in Lake
Crystal following the fire. He re-
manned on the stand but few
minutes and then Deputy Sheriff
Ed Ario was called as witness
Ario was asked if he was present
at the conference which the county
attorney had with the defendant
some time ago, at which Ballinger
is alleged to have made a confess
sion. To this the witness replied in
the affirmative. After the statement
was made it is alleged that it was
read over to the defendant.
Objected to Questions.
w. A. Plymat, attorney for the de-
tense, with Attorney Carl Strom, re-
peatedly objected to the questions
asked by County Attorney Schmitt
on the ground that the defendant at
the time that the alleged confession
was made, was not in a healthy and
fit condition to make any statement,
and wanted to know if the defend
ant had not been given morphine be-
fore the confession. These objec-
tons were overruled by Judge A..
R. Pau. w. A. Plymat also OBJ
jected again to the questions on the
grounds that Ballinger at that time
was sick with heart trouble, ana
at the time of his alleged confes-
sion, undue pressure was brought to
bear upon him.
Objected to Alleged Confession.
When the statement alleged to
have been made by Ballinger was to
be introduced, Attorney Plymat OBJ
jected. Judge Pau then asked the
witness if the defendant appeared
to be under the influence of a mar
cotic at that time. The witness an
swered that he did not think so, but
that he had asked the defendant
to make a clean breast of his action
as it would go easier with him. He
said that the county attorney wanted
to call Dr. j. w. Andrews to see
if the defendant was sick at the
time.
w. B. Cobb, an insurance man Of
Lake Crystal, who wrote out the
policies for the 5000 insurance which
Ballinger had on his house, next
took the stand. After the evidence
given by Mr.. Cobb was received, At
torney Plymat made motion that
the entire testimony of Mr.. Cobb
be stricken out This motion was
denied.
Henry E. Ballinger, brother of the
defendant, was then called on the
stand He simply testified as to the
amount of the insurance, also that
he saw his brother in St. Paul. At
torney Plymat then asked num-
Der of questions bringing out the
statements from the witness that he
had served time at the state peni-
Tertiary a number of times.
DIR. J. w. Andrews was called as
a witness and he stated that he had
been called to see the defendant