The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1896-12-25

noon, ana instructed Une SnerlH GnaG
it would be no use to try to obtain
competent jurors in Mankato, and
| that it would be necessary to go some
distance away from the city in order
to find men who were not familiar
with the case.
1t was suggested that the sheriff
ought to have more time to get that
many farmers, but the court said that
the sheriff of Martin county had done
better than that during blizzard,
and had his men on hand at nine
o'clock Sheriff Bowen set out at
once TO summon the extra jurymen.
The state has seven peremptory
challenges and the defense twenty.
County Attorney Benedict is assisted
in the prosecution by his law partner,
J. A. Flittie. A. r. Pau Jr. is assist
ing his father in the defense.
Up to 400 p. m. today one juror
had been selected, j. w. Atcherson,
of Medo. About twenty of the
| special venire had been examined, and
it was generally the same story as
| yesterday afternoon.
The special venire was summoned in
MedO and vacinity, and good many
! farmers were awakened during the
night and told to appear at the court
house this forenoon. They mostly
drove in with sleighs. showing that
thereiis some sleighing.
| A large crowd was present today, al
though the proceedings were very un-
interesting.
One more juror has been secured.
Upto 100 o'clock this afternoon
three jurors had been secured in the
Balser case, J w. Atcherson and
Calvin ST. John, of Medo, and John
Bestman, of Mcpherson, all substan-
tial farmers and respec5ed citizens.
EIAn evening session of court was
held Saturday and the third juror Sc
cured. When the special Venire of
Seventy-fve had been exhausted,
Judge Severance issued another
special venire for eighty jurors, re-
turnable at 100 O'Clock this after
noon. and then announced recess I'm
Til this morning.
Sheriff Bowen commenced to serve
the yenire at midnight, and was back
by 1l:00 a. No., having secured nearly
all OF the men in the towns of Shell
by, Sterling and MapletOn. The
taliSmen were on hand this after
noonR
Attorney Pau gave notice private
ly toEthe court that he intended to
challenge the venire on the ground
1 thaeShe instruction of the court and
the wording of the instrument itsum-
moned the talismen to try Balser
instead Of SummOning them to serve
specified number of days as jurors or
during the term. Mr.. Pfau takes the
ground that the wording of the
venire prejudices the defense,
inasmuch as the sheriff could,
| if so disposed, summon only
such men as he knew would convict
the defendant. Ii no particular case
was specified in the venire, but it was
understood that the jurors were to
try any case that might come up dur
ing the time for which they were sum-
moned, jury prejudiced against any
particular defendant could not easily
be secured.
This is new point in court prac-
tice, and there are no rulings or prece-
dents for Mr.. Pau to base his chal-
lenge upon. Judge Severance in the
Balser case has followed the practice
which he has heretofore followed and
which is followed in other courts.
He believes that it is good point,
and whatever the decision in this
court will doubtless base an appeal
upon it. If the challenge is over
ruled he will doubtless take eXcep-
tions and appeal to the supreme court:
and if the venire should be discharged
in accordance with the challenge, an
appeal will be taken on the venlre,
whether it also is vacated or not.
Three jurors were secured and accept
ed on the first veDire, although it was
worded the same as the second venire
Judge Severance, for the purpose
of looking the matter up carefully
took recess until five o'clock this
afternoon.
Edward SwartoUt, who was convict
ed of assault in the third degree, was
this forenoon sentenced to pay a fine
of 800, which he paid and was dis
Oh arged.