The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-26

his office into building that is now
in course of construction.
Third Trial Demanded.
Gen. Chlds was asked by The Free
Press what he had found the senti-
ment of Brown county to BE- in regard
to having a third trial. He said that
he mad made some investigation and
had found that the people were very
largely in favor of having another
trial.
"Will there be third trial?" ask
ed the reporter.
"That is the expectation at this
time," replied Gen. Childs.
Not Worrying About Pay.
The following dispatch appeared in
The Minneapolis Journal Saturday eve
ming:
New Ulm, May 2O.-It is possible that
General Childs will have difficulty in
collecting his fees for the prosecution
of the case of the state against DR..
Koch, or in event that he collects the
county of Blue Earth may be out what
is paid him, from tne fact that the law
in cases of change of venue reads that it
shall be the same as if the indictment
was found in the county to which the
case was transferred.
In thois case it is inferred that with
the transfer of the case the prosecutor
went with it, but it appears that it is
not so. The burden of the prosecution
should have fallen upon the county at
torney of Blue Earth, and it was the
place for Mr. Wilson to have arranged
for his assistants and paid for them in
case he was unable to handle the case
himself.
The matter has not been brought be-
fore the authorities, but it will be, and
before the third trial comes up it will
be settled in some way, for it is plain
that the burden of the cost of the pros
ecution as far as attorneys is concerned,
belongs to the regularly elected attor-
ney for the county in which the case is
to be tried, and provides only for the
payment of the witnesses and other
necessary court expenses.
Gen. Childs was asked about the
above and said:
"If there is any such law as this it
will be new to me. In the Tanke case
and in many others that l will cite, the
prosecution was carried on in the coun-
ty to which a change of venue was
taken, by the persons who conducted
it in the county where the case start
ed This has been the universal prac-
tice, and / have heard of no other way
of proceeding.
81 have received no pay for my ser
vices as yet, and have expended about
5000 of my own money in paying my
expenses, but i am not worrying but
that I will be paid"
Gen. Childs mentioned number of
cases to sustain his statements.
Not Sized Up Right.
One of the jurors in the recent trial
has stated to Deputy Sheriff Gerlich
that the purported list of those who
voted for conviction and acquittal, pub
lished by The st. Paul Dispatch, was
incorrect
New Ulm, Mimi, May 22.-In case
DR.. George r. Koch is released on bail
at Mankato next Monday, and desires
to take up the practice of dentistry in
this city, he will be compelled to seek
new quarters. Up to this time he has
had his offices in the Stricken
block, but DIR. O. C. Stricken has Civ
en- him notice that he must vacate the
rooms. DR.. Stricken had intended to
give this notice shortly after the first
trial, but was prevailed upon by the
citizens committee not to do so, for
various reasons. DIR. Stricken has been
a valuable witness for the state relative
to DR.. Koch's actions shortly after the
murder of DR.. L. A. Gerhard, and the
disappearance of strychnine tablets
from mis- case, consequently there has
been a wide breach between them.
During the last trial at Mankato, AL
bert Pfaender, one of the states attor-
neys, had a bunch of keys stolen out
of his overcoat pocket in the Saulpaugh
hotel AS these keys would un-
lock the drawers containing some of
the states papers, Mr.. Pfaender has
had the locks changed leading to his
offices, and has taken other precautions
to prevent the disappearance of valu-
able documents. Attached to the key.
ring was a plate bearing the attorneys
name, and Offering reward for their
return in case he should lose them. This
circumstance has convinced Attorney
Pfaender that deliberate attempt has
been made by some one to secure the