New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-04-26
hat from the circumstantial evidence

4
IN the case he was unable to reach
Ia decision in his mind. There was
an impression, which has remained to
some extent. On account of The evil
dence being eircumstantial, he has no
opinion. He knew Of no reason why
ne could not give fair verdict He had
La belief that evidence would overcome.
He thought that he could lay his belief
aside. The triers found the challenge
true.
4 i. @, Garberg of Rapidan was chal-
lenged by the defense for actual bias.
The state admitted the challenge.
/ Herman Knott takes the Mankato
dailies. The defense challenged for ac-
tual bias. The challenge was found
true.
i Lawrence Colson was called, and said
that he takes the Free Press. The de-
tense had no challenge. The state chal-
llenged for implied bias, and Mr.. Colson
said that he has no conscientious scrup-
les against the infection of the death
penalty where the evidence is direct.
He said That if the evidence was large
~ circumstantial, he could not render a
| verdict of guilty. IF he was convinc.
ed in his own mind, he would, under
the instructions of the court, return a
verdict of guilty. He later said that he
must have direct evidence, unless the
circumsttantial evidence left his mind
certain of guilt. The court found the
challenge true.
John /. Hardy said that he takes the
Free Press. The defense challenged for
actual bias. Mr.. Hardy said that he
had opinion as to the guilt or inno-
cence of the accused, although very
much interested in the case Judging
from the evidence in the newspaper,
& consideded it very hard matter to de-
eide" said Mr.. Hardy in reply to a
question from Mr.. Pau Answering
Gen. Childs, the Juror said that he
thought that he could try the case i'm
partially. The state admitted the chal-
lenge 8
4 Christian Burmeister was not chal-
lenged by the defense. He told Gen.
Childs that ne has sister who former
/ ~ taught at New Ulm, but had not
$ talked with her to any extent about
the case. He said That he has conscien-
tious scruples against capital punish
ment and could not render verdict of
/ guilty under any circumstances where
the punishment is death. The defense
admitted the challenge.
s Archibald Fl. Scherer said that he
takes the Free Press and Minneapolis
Journal. The defense challenged for &C.
tual bias. The juror had firm opinion,
and the state admitted the challenge,
Eleventh Juror Sworn.
A. A. just ,of Rapidan was not chal-
lenged by the defense. do you know
any reason" asked Gen. Childs, "why
you could not try the case fairly and
impartially and decide according to the
evidence7" 'No, sir" replied the juror.
The state had no challenge, and Mr..
just was sworn as the eleventh Juror.
Mr. just is farmer, about forty five
years of age.
/ Daniel Williams of South Bend was
called and the defense challenged for
actual bias, and the state admitted the
challenge.
Morton NJ. Clough of this city, for
merly of Garden City was not challeng-
ed by the defense. Answering the state,
Mr.. Clongh said that he has retained
Mr.. Clark in controversy from which
litigation may arise. The state challeng-
ed for implied bias. Mr. Clough said
that he has conscientious scruples
against the death penalty, and it would
take more than circumstantial evidence
for him to base a verdict Of guilty upon
it, even if the court charged that the
punishment was matter for the court
alone. He would want to be convinced
beyond possible doubt. The court
found the challenge true. Mr.. Clougn
would have been accepted by the state
but for his scruples about punishment.
A recess was taken until 2 p. M.
The following is the list of names on
the special venire returned this after
noon: VIM. R. Thomas, Joseph Hook,
Jacob Rauch, Frank W. Wenner, Frank
A. Neubert, Martin McHale, Michael
Wagner, Albert Hagerman, VIM. Witt
trock. Columbus Ballard Jr., Leon T.
Jefferson, Gust Anderson, j. A. York,
Allen II. Saylor, Morgan Brooks, John
Degglemann, Charles N. Fuller, Henry
Huettl, John Mccall and Persy S.
Miss Emma Gerhard, who is attend
ing the trial, is teacher in the School
/ for the Deaf at Milwaukee, and Ia varv