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

dItOTHey anu IHdU attorney came
up. Ballinger said he was
brought downstairs and talked
with the county attorney. He was
asked if he wanted to make any state
ment and he said he wanted to talk
to his wife before he said anything.
He said that he and his wife had been
married by the Judge of probate and
that his wife had always wanted to
be married by a priest. He wanted
to know whether his wife was going
to stand by him or not. They were
remarked by Rev. Father Robert
Hughes in accordance with the rules
of the Catholic church.
Visit of County Attorney.
Ballinger testified that he received
a visit from the county attorney on
September II and that he told that
official the same story that he has
told on the witness stand. Witness
said that the county attorney asked
him: Are you going to tell the jury
that?" Ballinger says: Il replied
that is the truth"
On the following day, SO Ballinger
testified, the deputy sheriff came to
his cell and he, Ballinger, was in bed.
The deputy told him to come down
stairs; that the county attorney was
there and wanted to talk to him.
Ballinger dressed and went down
stairs. Ballinger stated that he told
the county attorney what he had
just told the court about the fire. He
and the county attorney talked for
some time and Ballinger began to feel
sick and said he must either have a
stimulant or go to bed. There was a
bottle on the desk containing whiskey
and with the county attorneys con-
sent the deputy gave him a drink of
it.
Not Allowed in Corridors.
When asked if he had been allowed
to see the papers. Ballinger replied
that he had seen the Mankato papers
and others until last Saturday, but
had seen none since then. He had
not been allowed to walk in the
corridors since that time. A list of
the furniture which was supposed to
have been in the house at the time
of the fire was produced in court.
The list was made out by Ballinger
after the trial commenced and he
estimated the value of the goods
in the house at that time at between
$500 and 5000.
On crOss-eXamination by County
Attorney Schmitt, Ballinger stated
that he still owned $50 on his furni-
ture.
Had Many Names.
He also said that he had used
four different names during his
career. He. had gone under the name
of oliver Ballinger, Oliver Epson, G..
F. Epson and Jensen. He had no
very good reasons to explain why
he used other names than his own,
however.
The county attorney brought out the
fact that at two different times Bal
linger had been arrested and had been
in the county Jail at Saltwater for ten
days at one time. Ballinger declared
that he could not remember what the
charge against him was at the time
when he was sent to Jail, but when
questioned again by his own attorney
on that subject, his memory seemed
refreshed and he told upon what
charge he was sent up and it was
for using profane language.
Denied His Brother.
When asked questions concerning
the facts given in Henry Ballinger's
evidence Oliver Ballinger denied
every statement made by his brother.
The county attorney asked:
You made a statement of what
you said were the facts of the case
in the presence of Deputy Sheriff
Ario and myself?"
yes"
WAS that statement read to you?"
mo, it was not. | tried to read it
myself but could not see"
did you ask permission to plead
guilty to arson in the third degree?"
mo"
Were you told that you could not
do it,"
"Not at that time, sir"
Wife on the Stand.
Mrs. Ballinger went on the stand
and testified to the trouble which
Henry Ballinger and Oliver Ballinger
had when they were in the meat
business together in st. Paul. Sheriff
Osten and Reed Armstrong then
were on the stand but no particular
evidence was given by either one.
The defense then rested.
Henry Ballinger was then called to
the stand by the state in rebuttal.
He told the story of the fire again.
He said that Oliver came to his
home in ST. Paul and asked for $50,
and said that he needed the money
badly. He asked twice for it, and
Henry told him that he did not have
it. Oliver suggested setting the fire,
and finally after Oliver said that he
was under suspicion in Lake Crystal,
he, Henry, consented. Oliver said that
he would go home and consult his
wife about it. Later he wrote that
he was working in the mill at Lake
Crystal and that he would have
enough money to take his family to
Forest Lake in week. He told
Henry to come on midnight train
on Saturday night. He met Henry at
the train and took him to his home.
Oliver asked Henry what would be
the best way to start the fire and
an n