The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-20
FRESH ATT ACK
UPON HIS ALIBI
Continued from First Page.

part IN the present. bTlaA. A1peTC
Pfaender, attorney for the executors Of
iDr. Gerhard s estate, has been sub
penaed to produce this memorandum
| book in court. It is believed that it
will show with whom DR.. Gerhard had
an appointment on the night Of his
| murder.
| The defense wanted Mr.. Pfaender to
| let them make private examination
of the book, but Mr.. Pfaender believed
that it should be produced in the trial
and not be given to either side before.
Because of the Defense desire to get
at this book is it inferred that it be-
murdered dentist g own handwriting
that b chad an engagement with some
other man, and not with George R.
Koch ,on the night he was slain.
Koch's Route to His Home.
| It was revealed today also by state
ments coming from other sources that
the state has planned to abandon part
Of the claim made at the first trial
Koch took from his office to his home,
or, as the state claims, from DR.. Geb-
hard s office.
Originally it was the contention Of
the state that DR.. Koch, when he left
DR.. Gerhard g office, went home by way
Of the creamery, upon the doors OF
which were found the next day finger
prints in blood. It is understood today
| that an effort will be made now to
prove that DR.. Koch really went homo
along the route on which, as he said
later, he saw the rabbit which he went
back to kill
: The day following the murder, as re-
ported at that time, hat was found
by the. roadside between the central
part Of New Ulm and the Koch resi-
dence. It is believed that the state g
question is to prove if possible that
the derelict hat was the property Of
DR.. Koch and that he lost it that night
upon the very route which, according
to his own testimony, he followed to his
home. It is understood that at least
one new witness will be introduced to
sqbstantiate this claim. "
Judge in No Hurry to Rule.
At the noon recess today Judge Cray
said that he would make no ruling as
to whether or not DR.. Koch should be
confined in jail during his trial. and
would not do SO until the attorneys
brought the matter before him upon
motion. The judge said it was a ques.
tion entirely within the discretion of
the court.
All Have Opinions.
It would indeed be interesting to
know the opinions of the talesmen who
one after another, declare that they
have already decided, in their own
minds. as to DR.. Koch's guilt or limo
cence.
The young defendant sits hour afte,
hour and hears prospective jurors
tell of reading and discussing the
murder of which he is accused, and
of their having come to a conclu
sion, or having an ssopinion,' or ar
"idea,' or "feeling' as to whether
he did the murder. He sits far down
in his chair, with hands usually
grasped firmly upon the, arms, and with
head almost constantly bowed low, anc
listens attentively, meditatively.
Now comes a. roughly dressed farmer
: with towsled hair and .ruddy face
Yes, he "seen the account of the mur
der and trial in the newspaper h,
says. First he didn It know who did it
MGw he had hans an w. Was it a,
feelings No, it was just an "idee. ,
Il Yes, he had heard others discuss tn,
- case. In the country store, near hi
;, come, "they Of zen talked about it. >
. The storekeeper, who read the paper
/ more than the farmers, thought h
4 knew whether Koch was guilty or in
2 quick interruption prevents the tales
: man from giving the storekeeper
. opinion and his own. Challenge for &C
t tua1 bias is admitted, and the farme
8 is excused. :-~~-.-r 80.
Q The Judges Instructions.
. With the next, however, it is differ
: ent. The next farmer had read ant
a discussed the case, but he didn It thin]
g that anything had made an impression
' on his mind as to the guilt or innocenc
). Of the defendant. How did he discus
l. the case9 was asked, First one side
i then the other, he answers. AS to CAPT
+ tai punishment, he didn't know. H
q thought he. would pronounce the de
f PENDANT guilty if proved 50 beyond
:, that the defendant would be put t.
q death as result of the conviction
. would deter him. He didn't know
y The state challenges. The Judge re
= peats again what he has said to tn
! triers many times before: III ... ...-
The triers are Instructed that it is thei
duty to find the challenge true If tn
evidence establishes the existence Of
state Of mind the part Of the juror l.
reference to the case, or to either party
, which satisfies them, in the exercise c
" their sound discretion, that he cannot tr
, the issue impartially and without preju
dice to the substantial rights Of the part
challenging; and that, If otherwise, the
shall find the challenge not true. s.'"
g The three triers, who sit directly i
q front tof the bench and at the end o
> the counsel tables, get their heads tt
( gether for a consultation, and then re
f port that the challenge is true. Til
a Judge says to the juror: 'You are ez
s. cused"'; the clerk reaches into the DO,
i. pulls forth a card and shouts anothe
r. name; swears the juror, and the e.
amination-the same examination-be
8. gins again.
y The First Jurors Trial.
q Joseph Wadell, the first juror to b
IS accepted, has long, monotonous jol
It He was on hand when court convene
q this morning and WASH It saying any
E. thing about how he likes his peeulie
If restraint, because Judge Cray had tol
him not to discuss the subject, or an
le other that related, either directly {
It Indirectly, to the trial.
" When court closed yesterday afte
: noon, the judge gave the usual instru
tions to the lone juror, and informe
him that he would be given a con
] panion in the person Of the sheriff {
Ibis deputy, who would provide tente
IT tainment and food'' for him. tt
sheriff was away, however, and Mr.. w
: dell stood for several minutes in tt
jurybox patiently waiting for his GU
!, fodian. Judge Cray saw a deputy she
- iff and instructed him to take the iI1rt