The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1915-01-22
From SATURDAYS Daily.

From Saturdays Daily.
II is not prejudicial To defendant
for a prosecuting attorney TO call a
wife to the stand and have the jury
see that the husband objects 10 his
wifc's testimony. according TO an
opinion handed down yesterday by
the supreme court.
Under the law OF Minnesota, hus.
band or wife cannot Testify against
the Other without consent Of fhe
other. The decision was made today
in affirming thc conviction Of Harry
Roby. VITO y ~ tried I'm Nicollet
county district court for a statutory
OlIense.
Before he WAS indicted Roby gave
notice TO the county attorney tina.
he did mo- want his wife 10 appear
against him. After the ease was
closed the cGumty attorney asked It
TO be re-opened; as he wanted to put
Mrs. Roby oil the stand. Objection
was entered by counsel for Roby.
Said Prosecution Erred.
The county attorney then said:
Il guess TINT il Is true, 50 long,
as there is objection. she cannot ties.
tiiy, because she is his wife" In the
appeal ~ tie supreme court this nc.
ton Of the county attorney ~ cited
us error. Actions Of this kind, II Is
said. sometimes are the practice of
prosecuting officers in attempt to
show the jury that the husband OBJ,
jccts TO his wifG's testimony.
The supreme court holds u wife
Is Il COmpetcu; witness. but her ties,
timuny can be objected to. The par,
~ desiring ITO compel spouse TO testi.
fy can call for such testimony, and
Is not deprived of it until party
spouse objects to The privilege
The syllobu' follows:
\ prosecution for the crime o,
carnal knoHh }sc OF II female child
under fourteen alleged TO have been
committed May 20, evidence Of q
second olTeRsn committed upon the
person of the same child on June .
IL admissible. Where the county ut
torney at tho close of the states
case expressly elected to proceed &c
judgment upon the first charge II l.
unimportant whether or not tn.
method of proof followed by tht
state constituted an implied election
to SO proceed
Where two uffcnses OF this char
acter are proved IL is not error fol
the court to refuse to require th,
state TO elect upon which clrarg,
II will proceed until The close Of ia,
states case.
Conduct OF, Court Not Improper.
The county attorney called tn,
wife of defertdss al a. a witness fol
the state. Defendant claimed his stat
utory privilege and excluded her ties
timony. Held, The action OF th,
county attorney i'm calling his wifi:
was not misconduct. though defend
ant, before he Was indicted, had noti
fled the county attorney that n,
would object %, The evidence of mi.
wife either before the grand jury O
elsewhere or otherwise.
Certain conduct of the court an,
of the county attorney reviewed ant
held to be not Improper.
Order and JUDGMENT affirmed.
Opinion by Justice Hallam.
Chief Justice Brown dissents.
Roby formerly resided i'm Nortl
Mankato and was convicted of hay
ing ruined his stsRdaugbter.
From Saturdays Ds1iv.
AT yesterdays conferences Of In,
county superintendent aud other
people In the educational profession
over the question Or the best meth
DDS of consolidating the rura
schools" said Superintendent W. II
Detamore of the Blue Earth count,
schools today, Il Vas greatly i'm
pressed by the remarks of Principa
Knox of the consolidated rural schoo
at Cleveland, Mimi MIR. Knox told
us that that school gathered in pu
pills from a district covering thirty
4 fnfH uanff1,as Iss..f..