The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1904-12-28
.KOCH'S ATTORNEY
TO MAKE DEMAND
Will Ask for a Transcript Of the
Evidence Secured by the
Citizens Committee.
RECESS TAKEN WHILE
JURORS ARE SUMMONED
Two Accepted Late Yesterday
Afternoon Affidavits Of
sheriff's Prejudice Filed.
JURORS ACCEPTED.

JURORS ACCEPTED II
: a. RInke, retired merchant, Sleepy
+ Emil Rasmussen, postmaster, Evan.
From staff Correspondent.
New Ulm, MINI, Dec. 2S.-The at
torneys defending DR.. Koch will make
demand upon the reconvening Of court
tomorrow morning for transcript of
the evidence taken at the ~instigation
Of the citizens committee before JUS
tlce n. .Henningsen. ( ss ED
This evidence was closed Dec. 9. The
law provides that it shall be made a
matter of record in ten days, but the
defense asserts that the statute has
been ignored altho nineteen days have
terminated. #..e ~4 .--..-''
There was lull in the Koch murder
trial today owing to the lack of special
| ven1remen from which to empanel a
| jury. Judge Weber convened court at
am. and adjourned until 1880 pm.
! : A sensation was sprung by the de-
Tense Yesterday afternoon when it filed
William Julius, asking that special
venire be summoned by DR.. L. A.
4 Fritsche, coroner of Brown county.
Judge Weber ordered DR.. Fritsche to
| summon 120 talesmen to report forth
with. go sz:.' - ~,
! While the wind was bowling across
1 the prairie, piling the snow mountains
high, blockading roads and making
travel almost impossible, DR.. Fritsche
serve the subpoenas that had been
Issued. At g CLOCK this morning not
a single talesman had reported at the
courthouse. ~ '.a5. , 5..--..a
Somerville and Abbott, attorneys for
the defense, held a consultation this
morning and decided they would not
examine any juror until the entire
special Svenire reported. This stand was
> taken because the first talesmen to
: report would be those living near New
Ulm, and would be undoubtedly less
: satisfactory ais jurymen than those who
come from the outlying districts of the
county. y = t.f1# e,&$ 8
!, - Defense Taking No Chances. Is. I, I.
the defense, one Of the attorneys said:
( eve have nothing in particular
against Sheriff Julius, but we. are afraid
: of him. We threatened to- prosecute
him for taking the finger prints of, DR.
q Koch by Forces and the I'LL feeling en-
? fgendered at that time, we are afraid
might affect the + fairness q e the jury b
\ VIII summon. =. 49, : r.
: that the, defense is going to take NJ
: chances in the case, and will spare NJ
effort to. shield DR.. Koch from every
: thing that may tend to convict him
They are fighting with determination
!: which dies in the last ditch, and art
4 confident. of acquittal... - ~ -
: ii III Challenges Going Fast. ..r
( By adroit 91nethods Yesterday the at
D torneyss for the defense forced the stat,
to use three Of its ten peremptory chal
lenges. These were used upon Michae
J Springfield, and George Eekstein O
= Stark: These men could not be chal
r lenged for actual bias, and the defen
t. dant g attorneys were certain that tn
9 state did not want them, SO it was lief
T. to General Childs to use peremptor,
! challenges saaan Hgsf{ He used Them and has on
J While the defense has twice as man,
= peremptory challenges as the state, i
e is slower to use them; but one was use,
$ YESTERDAY. With two iurymen secured
and nineteen .peremptory challenges left
undertake the examination of the spe
cial venire. -. s...s--..."-e.:
From the challenging done by the de
r tense 1t IS easy to see that all it is look
v ing Tor IS a jury composed Of fair mind
ed, representative men,. The fact that
~ juror has heard and read about the cas-
r. is not taken as indicative Of bias, an
= IT he does not appear to be bigoted,
: is passed on to the state. -. :
- This puzzled the prosecution. Mos
of the rumors and printed reports O
the case have been against DR.. Kocl
dice against him. When juryman VIII
q, has heard and read these reports an
10 appears liable to be biased is passed b
er the defense, 1t puzzles the state.
20 Fun in the Courtroom.
D. for murder in the first degree was b,
ing carried on: much humor crept il
e. The first outbreak. of laughter occurre
re when General Childs objected to one
% Senator Somerville g questions on tt
or ground that it was q MATERIAL A lit
ty iuryman, a Scandinavian, who. coul
or talk but little English. The man Is nan
was Ole O. Wee. Mr. Somerville imm
On diately translated the name into tt
ID Irish and called the man Mr.. owe
to The mistake provoked great laughte
ny hunor Of the situation by appointi1
2 two bailiffs to take charge of the jury
We then composed Of one man.
q Flash-lamp Explodes.
The climax was reached when flas
ne lamp, in the hands of newspaper ph
er tographer, exploded, shaking the bull
~ IN ing and filing the courtroom with, tt
W: flying pieces. No one was injured, b
OF everybody was frightened.
u; In all, twenty -four iurymen have be-
70 examined. of these, two were accepte
!. four peremptorily challenged, two e
e9 cused for cause and sixteen for actu
no bias.
lat Court reconvened at 1880 this afte
ms noon, but no jurors being ready, a j
loI cess was taken until tomorrow NOR
ga ia9 ing.
HI g. Davis.
+. + + URAL COSSACKS DYING