The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1911-03-03
LIE SuEUR COUNTY GRAND JUR-
ORS MAKE INQUIRY.
They Want to Know Why Chief Elk
ecutive of Minnesota Has Neglect
ed to Perform His Duty; That
Body Adopts Set of ResoIu-
tions and Forwards Them to
the LEGISLATURE.


Body Adopts Set of ResoIu-
tons and Forwards Them to
the Legislature.
The grand jury of lie Sueur county,
in session at LIE Sueur Center, yes
terday adopted the following, which
! is self-eXplanatOry:
1--WE, the grand jury in and for
said county Of LeSueur, hereby re.
port to the court as foi.ows.
Whereas, at general term OF
the district court, in and for the
county of LIE Sueur and state of
Minnesota, held at lie Sueur Center
Minnesota, on the 22nd day of Sep.
TENDER, A. d. 1910. Martin O'Malley
was indicted for the crime of murder
in the first degree, in that he ad.
ministered poison to one Frank
Bergl; and
Whereas, said indictment was re.
turned into court on the 22nd day
of September, 1910, and thereupon
on said day said defendant was duly
arraigned and. through his attorneys
on the 23rd day of September, 1910
entered plea of not guilty to said
indictment, and on the oath day OF
September, the trial of said case
was set for the 18th day of October
1910; and
Whereas. on said 18th day of Oc
tOber said defendant was duly placed
on trial on said Charge, and a jury
of twelve men was duly selected
and charged with the defendant
and
Whereas, after a trial of the said
| hiry on the 10Th day of October
1910, returned into court a verdict
as follows: We, the jury in the
above entitled action find the de-
PENDANT, Martin O'Malley, guilty OF
murder in the first degree, as
charged in the Indictment and
Whereas, OH said goth day of DC
tObar, 1910, the court passed the fol
lowing sentence: 1T is adjudged
and determined that said Martin
O'Malley is guilty of the crime OF
murder in the first degree as charged
in the Indictment found against him
by the grand jury and as found by
the petit jury who sat upon the
| trial Of this case. and that as q
punishment for said crime the said
Martin O'Malley be confined i'm the
common Jail of the county of LIE
Sueur for the term of ninety days
and that, thereafter, at a time ant
place fixed by the governor of the
| state of Minnesota, he be hanged
by the neck until he is dead. II
| is to be hoped that God Almighty
Will have mercy upon your soul And
Whereas, Immediately thereafter
the court duly transmitted to the
governor a statement of the evidence
taken at the trial, and of the con
victiOn and sentence Of said defend
ant; and thereafter the clerk OF
said court duly delivered to the
sheriff of said county certified
copy of the conviction and sentence
OF said defendant, and said sheriff
Immediately transmitted to the gov.
ernor said certified copy of said con
viction and sentence, with his Ell
dOrsement thereon; and
Pardon Board Denied Application.
Whereas, on the 9th day of Jan
uary, 1911, said Martin O'Malley
applied to the board of pardons OF
said state for Communication OF
his sentence. to life Imprisonment
which body after due consideration
of said application, denied the same
and refused to SO commute his sen
| tence. and
Whereas, the said period OF
ninety days has long since expired
and said governor of said state has
failed and refused, and now fails
and neglects to set the time and
place for such execution of sentence
so imposed upon said defendant;
Nov therefore, be it resolved by
the grand jury of said county, that
we respectfully request the state leg
| islature now in session TO forth.
with inquire why said chief executive
refuses and neglects to perform the
functions of said high office in the
premises.
BE it further resolved, that the
clerk of this court certify these
resolutions to the presiding officers
CT the state senate and house of
representatives, and through them to
the respective legislative bodies of
said state of Minnesota.
Dated at lie Su2ur Center, Min.
nesota. this 21st day IF February,
| 1911"
The above is signed by Il. w
Wendelschafer as foreman of the
grand jury and Fred TOmlinsOn as
clerk.
| Governor Eberhart was ,apprised