The Minneapolis journal., 1905-04-24

she thought DR.. Koch was the mur-
derer of her brother
/ do not see how I can think other
wise,'' she said, and then added she
did not believe that Asa P. Brooks was
telling the whole truth as to what
he knew of the murder. She. said she
knew Mr.. Brooks well, having gone
with him and DR.. Gebhardt to the
world s fair at Chicago in 1898.
Another Venire Ordered.
Immediately after court was called
this morning Judge Cray, evidently be-
lleylng that there was a possibility Of
failure to complete the jury from the
twenty-five men summoned Saturday
afternoon, ordered another special We
nire of twenty to report at 2 pm. to-
day. 1T. ...s:
A. R. Pfau, Sr., of counsel for the de-.
Tense, called the courts attention to
the funeral of S. F. Barney, promi-
nent Mankato attorney, which was held
this afternoon. Judge Cray said that
because of the Importance Of the case
before the court and the necessity Of
keeping the jurors in close confinement
it would be unwise to take a recess,
altho he desired to do SO as a mark Of
respect to the memory Of Mr.. Barney.
! Why Burnmeister Was Excused.
The fourth talesman summoned this
morning, Christian Burmeister, was an
interesting character. He. is tall,
lank, forrid-faced German with a long
neck unhidden by low, blue collar.
The defense, having elected from Mr..
Burmeister that he believed that he
could try the case fairly, said it had no
challenge. The juror was then chal
lenged by the state for implied bias.
IJV yIo4 +ha ,y4 vi
"Could you render verdict-No, sir
mo, sir-of guilty--no, sir-if the evi-
dence ewere sufficiently strong-no sir-to
convince you beyond reasonable doubt
no, sir. But you understand that the
jury doesn't fix the punishment-no,
sir-that that is matter for the court
no, sir. But if the evidence were SO
could not. Why not t?-Because, sir,
am opposed to capital punishment. -
This examination was continued by
the defense, but counsel, being unable
to get the juror to say anything except
that he would not vote to convict any
man, who might be punished by
death, finally abandoned the effort, and
MIR. Burmelster was excused.
Dingler Has Returned.
It was said in Mankato7 today that
last trial said he saw hammer exactly
like the one found by. DR.. Gebhart e
side, in the Koch barn, had returned to
New Ulm, and would be present at the
trial here. The defense, hearing Of
this, said it had no fear Of it's ability to
impeach the testimony of Dingler on
this point even more effectively than
was done at the last trial.
First Witnesses Arrive.
Witnesses began arriving early to-
day. In compliance with the sum
monses with which they had been
| served, they went directly to the court
house and were in court when the
morning session began, but the jury
| not being completed, they had to wait.
Dr: L.. A. Frltschle, coroner of Brown
county; Dr.. G. B. Weizer, who per
fg formed the autopsy on Dr.; Gebha5dt 5 !
ferle and Anton Simmet came this
morning. F. H. Behnke came ,yester-
day to attend the knights u Templar
Easter, service in Mankato, and. re-
manned over. = 10
trial, DR.. Fritsehie will be the first
witness called by the state. He told
Of finding the hammer and handker-
chief in the murdered man 8 office. He
also held the inquest. George Schmidt
is the man who met DR.. Koch Just be-
| fore he went into the barber shop;
! Mr.. Pfefferle is the druggist who, with
Anton Simmet, the barber, was in the
| latter's shop when Koch dropped in
that evening to talk a little politics.
Mr.. Behnke is a groceryman. It was
ne who broke open the door leading
into DR.. Gebhardt' $ office.
The Value Of Friendships.
From New Ulm also came today sew.
eral citizens who have not been sub,
penaed to testify, but who are inter.
eested in the trial Of DR.: Koch. Since
it was ANNOUNCED that the second trial
would be held here, not a few New
Ulm people. have been renewing old
friendships in Mankato, and now they
are running over'' to pay these Man.
kato friends little visit, Etand. Incl
dentally, to see how the trial is get
ting on.' Others, more considerate
Or more, affuent,, have registered al
In the. courtroom these New Jln
spectators are punched together, anG
between sessions they can be seen col
lected IN little. knots in the corridor:
or courtyard, or at the hotels discuss
ing the proceedings. Some, in whom
the betting instinct is developed, have
been making wagers today on the out
!
Koch and Jurors at Same Church.
DIR. Koch heard the Rev. Mr.. Davis
pastor of the First Presbyterian church
preach a long sermon ON Easter, it.
origin and significance, yesterday morn
ing. He was accompanied by his sis
ter, Ida, and by three of the Bangerte1
girls, his cousins. They entered late
and, finding the main auditorium filed
went up into the balcony and sat in &
rear seat.
The church was beautifully decorated
and the air was heavy with the
fragrance Of flowers. Mr.. Davis tool
as his subject Peter IS sermon on the day
Of Pentecost. After the service the
auditorium of the church was quickly
emptied, but there is but one small
stairway leading from the balcony anc
the crowd upstairs was long detained.
j DR.. Koch, standing at the rear Of the
balcony, and waiting for an opportunity
to get to the stairs, looked down into
the body of the church and saw there
standing between the third and fifth
rows of pews, ten Of the men who
q. I.eventually, = will cast their votes as te
his guilt or innocence Of the murder
Of DR.. Gebhardt. With the jurors were
two deputy sheriffs. They remained
standing in their places until the
church had been entirely emptied an6
then they filed out, accompanied by
their custodians, and returned to the
courthouse.
Judge Cray attended the same
service but sat down stairs and did
/ not see the defendant.