The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1923-01-26
KHAN BLAMED FOR

"
Continued on Page Sevenl So
that position until it was ready to run
again two days later. ...a .....
When you were stopped there
during any night. did you not see cars
with masked men,"
"YesJit was the first night"
''Yes, it was the 2nrst night. The
mosquitoes were bad and we couldn't
sleep much. The cars, two of them
passed close by. They were two
Fords, one a touring car, and the
other a roadster with small truck
body. The men wore black hoods.
There seemed to be two men mask.
ed. One was in the front seat OF the
truck and there seemed to be two OF
three men in the body OF the ma
chine. One man in the touring car
seemed to have something tied
toward ,Rayville, the touring car, l
think, lbeins IN front.
, Attack Legality Hearing
William Bartlett; counsel Tor DR..
B. NJ. McKoin, T.Jeff Hurnett and
Newt. Gray, identified by numerous
witnesses as having been members
of various masked parties, also is
sued statements attacking the le-
gality OF the hearing and testimony
given by those summoned to the
stand. Attorney Barnett's state
ment, the first formal comment
from defense, follows in part:
This hearing has been held un-
der section 1913 of the revised sta
tutes of this state.
THE statute does not provide
that witnesses may DE drawn before
a court and grilled and cross exam
ined, but in order that their deposit
tons may be taken.
None of this has been done in
this case, therefore thisswhole pro-
ceeding in my Judgment, is a null
lily, and the testimony adduced can
not be legally used in any proceed
ings whatsoever. 1t cannot even be
used legally before a grand jury. 1t
would be hearsay, and any bill of
indictment predicated upon this tes-
timony would be quashed by the
court. ,".....'
Tine corpus deliciti, has not been
established to unreasonable certain
ty, tor say nothing of the rule that
it must be established beyond a
reasonable doubt. Two bodies were
found in Lake LaFourche, the coro-
ner, of the parish, DR.. O. M. Patter-
son, a man of unquestionable integ7
rity and standing both as citizen
and as q physician was not permit ,
ted to make any examination OF
them. He never got closer than
forty feet to'the bodies while they
were yet in the water, and he was
told that he could not make further
examination. while at the same time
two pathologists seemed to have al
ready been arranged with, even
prior to the findings of the bodies
who were to come and make, an ex-
animation which would disclose
great brutality, etc, as to the man
ner in which the bodies found came
to their death. And it might be
said here that their testimony was
not at all disappointing in this re-
gard.
There is more than q doubt as
to the identity Of these bodies, en-
tertained in the minds of the people
generally. Those who heard the
Testimony without exception enter
tanned such doubt, and after the pa
biologists have made their full res
port on the matt er there was gen
eral unbelief left upon the minds oil
all fair minded people.
Real Motive Behind Hearing.
MANY witnesses. were called to
connect various and sundry persons
with the mob that kidnaped and
carried away Daniel and Richard,
an the testimony produced showed
every earmark of having been work
ed UP by agents OF the department
of Justice, and was so conflicting
that it destroyed itself. 1t was
manifest from the very beginning
that the real motive behind the
prosecution was to convict the Ku
Klux Khan in the forum of public
opinion, without regard as to
whether or not the perpetrators OF
the crime would be uncovered.
without exception there was no
material or vital point against any
Individual established, except by the
most partisan testimony, and the
testimony which could not stand
| the fire of cross examination or the
test of character necessary to give
it verify.
TSIan were gone into with great
pains and in my judgment. the cyl
dence does not sustain the charge
crime or had anything to do with
lit. There are other activities OF
minor Importance i'm which immor-
atty and lawlessness were being
! practiced, that they. perhaps did
! take some part, but in no case is a
crime or misdemeanor disclosed
where it is definitely shown thai
the Ku Klux Khan took any part,
and in no instance has any actually
been shown except in furtherance OF
law enforcement and morality.
II have one other thing to say,
and that is, that the persons who
have Hbeen named as having been
connected with this kidnapping affair
will prove their innocence when we
We an opportunity of speaking be
fore court of Justice