The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-07
Defense Uses Peremptory

| Defense Uses PeremptOry
| The defense used it's first peremp
tory challenge on William b. Keith OF
this city, painter. Mr.. Keith said
that he had no opinion, and the chal
lenge of the defense for implied bias
was not found true. Ernest Nagel and
James III. Karmany were excused for
implied bias by consent.
Thomas Owens created some amuse-
ment by his replies. He said that he
was very busy with his farm work,
and could not try the case impartially.
At some other time of the year he
thought that he could try the case i'm
partially. He believed in "kill for kill
The Juror was excused for actual bias
Herman j. Schultz also created laugh
ter by some of his replies to the ques-
tions of the attorneys. He said that he
had an opinion, and when pressed as
to whether he could not lay it aside
said: 81 think what | have in my mind
is pretty near right The challenge of
the defense for actual bias was admit
ted by the state
ual bias by consent. T. Brude and
Richard Wigley were challenged by the
defense for actual bias and the chal-
lenge found true
W. H. Look was excused by consent
on account of the condition of his
health, at the suggestion of the court.
He had produced a physicians certi-
fcate. His trouble is dizzy spells.
One Juror Secured
William Schaefer, 4 farmer of Lime
township, was accepted as juror No. !.
The defense had no challenge, and the
state challenged for implied bias, but
withdrew it when Mr.. Schaefer stated
that he had no conscientious scruples
about capital punishment and that this
circumstantial. Mr.. Schaefer is about
forty years old.
George w. Swift and George B. Bart
lett were excused for actual bias. Mr..
Bartlett, when pressed by County At
torney Wilson as to whether he could
not decide on the evidence at this trial,
declared: "You will have to produce
better evidence than you have so far"
Mr. Wilson lost no time in admitting
the challenge and the two sides ''joshed"
each other little. Challenges for act
ual bias in the cases of G. G.. Towne
and 0. f. Jackson were admitted by
the state. Nels Peterson, who takes no
Mankato papers, was excused for actual
bias.
G. c. Francis was passed by the de-
Tense, but the state challenged for i'm
piled bias. Mr.. Francis said that he
was opposed to capital punishment.
When asked what he would do if on
the jury and the evidence was convinc-
ing of guilt, he replied: 'Well, | would
ouo VII tis't a iittit, SuCoo.
In case where the evidence was cir
cumstantial he could not vote to CON
Wet in any event. The court found the
challenge true.
r. +. Jones was excused for actual
bias.
Special Venire Ordered.
This exhausted the regular panel, and
Judge Cray ordered special venire for
seventy five Jurors, returnable tomor-
row afternoon at two O'Clock.
Juror Schaefer was placed in care of
a bailiif, and court took recess until
p. IN. tomorrow.
Juror Schaefer was placed in charge
of Bailiif Eberhart, and went to dinner.
He will be lonesome until another Juror
is selected. Mr.. Schaefer is well spok
EN- of by those who know him.
Sheriff Williams had feared that he
would be deprived of the privilege of
appointing the bailiffs and serving
meals to the jurors, and states he was
taken completely by surprise when the
defense attempted to withdraw its af-
fidavit of prejudice just why the de
Tense did this is not certain, but one
l.. =. L. g. l. L.