The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-22
E |! I! s. SHY
THREE JURORS
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xl11l11 JO1lUuDl
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of the building have failed to improve
| it much. The stenograp her. the judge
and triers have had great difficulty in
questions Of counsel and frequent rope
Ititions have been necessary.
This forenoon, the Judge asked the
tr1ers If they could hear what Juror
said: jsass
/ GIVE can hear the mods, that s all, -
|! and the whole courtroom laughed.
| DR.. Gebhard's Brother There.
4 Tn the second row Of spectator . seats
and directly behind DR.. Koch this morn
ling, sat Henry Gebhar, brother of
1.-THE man of whose murder DR.. Koch is
Eaccused. Henry Gerhard came over
from his cranberry farm near Black
River Falls, Wis, when the trial began,
and thruout the week has sat hidden
!unnoticed and is never consulted by
the attorneys. 'i' g 5 IS, 4. III (.
Jurors May Go to Church.
] Just before the noon recess was. or
dered, Judge Cray raped to quiet the
crowd, which had already begun to
leave, and said to the. jury: ,;4. :s.gig1l
| - Gentlemen of the jury, if you choose
you may attend church tomorrow. Con-
suit among yourselves as to your pref
1 :erences; If you decide that. you wish
to go, determine upon a place which
will be satisfactory to you all and let
the deputy sheriff know. Is He will see
to it that you may do as your pleasure
Then the Judge ordered recess until
9 o. o'clock. 43Sf l<5!&T r5555l+s e. III.
A Conspiracy Of Kindness. za
DR.. Koch has been the victim Of a
conspiracy of Kindness since he, came to
Mankato to attend his second trial.
Thus far his stay here has been made
very pleasant. AT the home of the
Bangerters, where he is stopping, there
have been several little quiet affairs
4 at which the young women who sat by
! the doctor g side in the courtr DOM yes
terday and today were hostesses. These
4 young women are DR.. Koch IS cousins,
i and with them yesterday, and today has
q been. the young man s sister, Ida, who
) agement since her brother was accused
of the homicide. ".'&t':s 5.s5 ~-:''r , : -.
i To a degree DIR. Koch has enjoyed
:, these considerable and kindly attentions
of his relatives and of his and their
friends, who have not turned from the
1 young man because he is accused OF q
crime. With the company Of young
4 women SURF ounding him yesterday in
, the courtroom he appeared more cheer.
= full than he has since he came from N eW
Ulm, and when he walked down town
:. with the FIVE young women after court
t adjourned, he laughed and talked with
: them in a manner which Indicated thai
/ the time at least, the terrible charge
which hang s over him. It is evident
> that these respites are few; and brief
but they are cause for happiness tx
j his friends, who force themselves tt
: smile when the accused man does, how
! ever pathetic. his sometimes obvious
+ effort to be cheerful may appear. Il.
: +. Will Koch Be Imprisoned?
9 Z With the time for the beginning Q;
the taking Of testimony close at hand
4 the question arises as to what Judg
a Cray's attitude will be toward continu
ing DR.. Koch on bail. The state has no
a said whether or not it will request tina
= bail be withdrawn and the prisene
. the coroner since Sheriff Williams ,ha
. been disqualified from serving in tn
Koch case. /. One; of the lawyers asso
. ciated with the prosecution said today
J. 1--WE. shall not ask. for the imprison
- ment Of Dr.. Koch until the taking o
:. evidence begins, if we do Them ::
Judge Cray was asked about the La,
j; with Reference to this point. The judg
. said that the Minnesota statutes mad
& no provision whatever covering it, an
h that it was matter entirely within tn
l. discretion of the court. He cited sex
l. tion Of article Of the state constitu
Q ton. This section is. s'relating t
: rights Of accused and reads as TO-
i lows: 52.5 I .51E =. .E''.-. =, -
l. be bai1able BY sufficient sureties excep
= for capital offenses, when proof is evi
4 dent Of the presumption great: ~ ..'s.
al This, Judge Cray said, plainly left
t to the Judge to decide upon the questio
n suggested blythe phrases % when proc
y.E is evident OF the presumption: great.
The law and precedents on this matte
l. were thoroly threshed over, when tn
! original petition to admit to bail wa
q q made to and granted by Judge Webbe.
y but as it is a matter of "!discretion
and not precedent, there is no way 0
b. forecasting what Judge Cray's actio!
will he if action is asked in the presen
= trial. =, ,s.1
. f~... Eighth Juror Quickly Chosen.
r., The>securing Of the eighth juror, J. b
= Stewart yesterday afternoon, va
T. Stewart, is a member Of the firm of Ste
q wart & Holmes, dealers in books, Man
8 kato. Few questions were asked him
:. and the defense did not challenge. The?
a the state challenged for actual bias an
It asked single question. Had Mr.. Ste
. wart any conscientious scruples agains
d capital punishment He had none, an
i, the state Withdrew it's challenge an
d Mr.. Stewart twas sworn 49,,
/. Altogether thirty three venireme
q