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

while in the county Jail a number
of times.
Court Took Recess.
Because of the exclusion of the
statement alleged to have been
made by Oliver Ballinger, County
Attorney Schmitt made a motion
that the case be continued until
next term. This motion was also
made because of the absence of
DR.. Roy Andrews, who is now in
the east. However, the judge did
not deem it proper to continue the
case and on objection to it's con.
tinuance by the defending lawyers,
the judge suggested that the attor-
neys produce authorities relating to
the introduction of confessions.
Deputy Sheriff Ed Ario was again
put on the stand and much of the
former testimony was repeated.
Marshal Was on Stand.
T. A. Newman, marshal at Lake
Crystal, stated in his testimony yes
terday how he happened to secure
the services of Frank Kelsey to as
sist him in arresting the man who
set fire to the Ballinger house on
September 2. He said that from the
time that Kelsey had been in Lake
Crystal he and Kelsey had been
friendly and he thought that Kelsey
was better able to help him in find
ing the guilty man than any one
else he knew of. He employed Kel-
sey with the advice and consent of
the village council. Newman was
closely questioned as to why he did
not remove the cans of oil in the
house when he knew that there
were plans to burn the building. He
said that he had no business to re-
move them or to do anything with
their contents. He refused to adj
NIT that he and Kelsey wanted to
establish record for themselves
by doing it.
Judge OverruIed Motion.
The first hour this morning was
spent in discussing points of law
which would bear on allowing the
alleged confession signed by Balling-
er in the Jail to be produced as
evidence against him. After a long
discussion and the Introduction of
DR.. J. w. Andrews and Sheriff Os-
ten as witnesses the judge overrul
ed the objection of the defense and
the purported confession was read
to the jury.
The objection made by the de-
Tense to the introduction of this
evidence was that the prisoner was
not in good health and that infiu-
ence was brought to bear which
forced him to confess. DR.. Andrews
and his son attended the prisoner,
and at one time made careful
examination of his physical condi-
ton. He stated that the only all
ment he found was a shortness OF
breath which he could not account
for. His heart and lungs were in
good condition. Ballinger produced
several medicine bottles which had
contained prescriptions given either
by Dr. Andrews or his. son, DR.. Roy
Andrews, who is county physician
Dr. Andrews told what the bottles
had contained and said that they
were sleep producing medicines, but
were not medicines which would in
any way deaden the prisoners men
tai faculties. Aside from the short
anything wrong with Ballingers
health.
Lawrence Hanson and M. Paulson,
both of Lake Crystal, were put on
the stand and their evidence was
simply that they had been on the
house the night of the fire and had
smelled kerosene there.
Mayor James Witness.
J. c. James of Lake Crystal then
took the stand. Mr.. James stated
that he was president of the village
board in Lake Crystal. After Bal
linger was in the county Jail Mr..
James visited him there. Ballinger
told him that he had allowed his
brother to start the fire because he
feared him. His brother, Henry
Ballinger, had told him that he want
ed to set fire to the house and get
part of the insurance money to pay
on some lots in st. Paul. He con-
scented to this plan through fear or
his brother. Mr.. James denied hav-
ing said anything to Ballinger about
his confession or the talk Ballinger
had had with the county attorney.
The testimony of this witness