The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-03-16
COTTSCHALK WILL
HEAR FATE FRIDAY
Judge Finehout Holds De-
Cision Until After the
Inquest

Inquest
Friday afternoon at 2 o'clock Judge
John w. Finehout will call Edward
Gottschalk before him and announce
his decision as to Gottschalk's prob
able guilt or innocence in the murder
of Christian H. Schindeldecker. His
decision will have the effect of either
causing the instant release of the ac-
cused man, or of sending him back to
his cell to await action of the grand
jury which convenes again in April.
On the same day, Friday, the jury
impaneled by DR.. a. w. Miller, county
coroner. will be celebrating at the
county morgue in an endeavor TO at
tach the blame for the most heinous
crime that has shocked st. Paul in re-
cent years. The two great primary
machines in the progression of official
investigation into murders-the cor
oner's jury and the judge conducting
the preliminary hearing, will be work.
ing simultaneously to determine the
innocence or probable guilt Of Edward
Gottschalk.
The State Rests
Yesterday, shortly before the noon
hour, when Is out of 81 witnesses sum-
moned by the state had appeared on
the stand to give their mite of testi-
mony to join in the chain weaving
around Edward Gottschalk, County At
torney T. r. Kane announced: 1.-The
state rests"
There followed an impassioned plea
70. fIn
liberation of Gottschalk, his client. De-
nying that the state has produced the
least bit of conclusive evidence to hold
Gottschalk, he painted in glowing COL
orS the life habits of his client and
then, dipping into a pot of darker
Shades told of the horror which would
be aroused in the community were
Gottschalk to be convicted and hanged
for a crime of which he was innocent,
and his innocence were proved a few
days afterWard when Joe Hartmann,
back from perennial tour, walked
into the city to exonerate the dead
man from all blame.
Charles Hartmann, father of Joe
Hartmann, the missing witness and al
legged accomplice to the crime, had just
testified that his son was in the habit
OF going each year on tramping tour
without telling his parents or friends
of mis- destination or purposes.
County Attorney Kane made a. brief
reply, summing up the evidence intro
duced by the state and asking that
Gottschalk be held by the court to
await the action of the grand jury.
Judge Finehout said, in postponing
the time of rendering his decision:
The only question to be decided by
me in the consideration of this case
seems to be whether or not there is
probable cause to associate Edward
Gottschalll with the murder Of Chris
tan H. Schindeldecker. AS there has
been great volume of evidence intro
duced here and as its Introduction has
just been completed / shall reserve my
decision in the matter until Friday aft
ernoon at o'clock. 1t is not concern
of this court whether or not the state
should have directed the attention of
the grand jury to this case during it's
recent session"
Led Back to Cell
The court finished speaking and
Bailiff Parrish announced Court
stands adjourned for the day" Edward
Gottschalk was handcuffed to Deputy
Sheriff Picha and led back to his cell
In the county Jail.
1t is considered very probable that
GottSchalk will be held to the grand
Jury that more thorough investiga-
ton may be made to discover his con-
nection, if he had any, with the muir
der. While it is generally conceded
that the case presented by the state
in its effort to hold the man was
neither strong nor conclusive, it is be-
neVed that enough evidence was in
troduced to accomplish the purpose of
the law governing preliminary hear
lngs, the introduction of evidence
showing probable cause to connect the
accused man with the crime.
Judge Finehout's Position
Judge Finehout said to The Globe
last evening: 81 shall render INV de-
eision in the matter Friday afternoon,
being governed wholly by the evidence
already introduced, all of which 1 shall
carefully review. There are two pro-
positions to be considered in the case.
one is the unnecessary holding in GUS
tody an innocent man for an unwar-
ranted period of time if the prisoner
De innocent; the other the freeing of a
guilty man if the prisoner be guilty.
were he freed by me and still guilty
ne would undoubtedly quickly flee
from the reach of the police and would
never again be found by them. But
was L to bind him over to await in iail
Tor a full month until the grand Jury
should assemble to consider his case
again, and he be innocent, it would he
DONG a gross injustice to him. I shall
ANiiS IeNleW every feature of the
testimony introduced before 1 deliver
my decision
The hearing yesterday morning only
tasted for two hours and was as de-
void OF sensational incidents as was tha
previous day, Tuesday, devoted to
taking testimony. 1t was the same old
scene Gottschalk, with features inn
passive, but eyes alert; his brother
Albert Of New York city, beside him
making notations of testimony given:
Gottschalks attorney, Stan J. Donnel,
~; all three grouped close together at
one eho or the table, while the other
side was given over to the state attor-
ney, 7. r. Kane and to Capt. John