The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-21
KOCH CASE JUROR
MAY BE ARRESTED.
Defense Hears that He Made False
Statements While Qualifying
Before Triers.
Special to The Journal.

Special to The Journal.
New U1m, MINI, Jan. 21.-One of
the jurymen in the Koch trial is in
on the grounds that his statements
while qualifying as juror, after be-
ing challenged for actual bias, were
false.
The juryman, whose name is with
held, was challenged for actual bias by
the defense He then swore that he
had neither formed nor expressed any
opinion as to the guilt or innocence Of
the defendant. Upon this testimony
he was accepted as a juror.
But as soon as it was learned he had
been accepted, several persons told the
attorneys for the defense that two or
three nights before he was drawn as a
juror, he had engaged in a heated ar
gument at the Woodman lodge over the
Koch case. He maintained that Koch
was innocent. The argument grew hot
and came near ending in serious quar-
rel. p.
Defense Aroused.
When the jury disagreed yesterday
and the attorneys for the defense re-
allied that they were to face another
trial, it was decided that it would be
we'll to make an example Of this jury
man so that in the next trial no man
who had been so radical in his belief
as to the guilt or innocence Of DR..
Koch would have the hardihood to at
tempt to get on the jury. They at once
ordered a transcript Of his evidence,
and if the reports of his dispute can
be proved, they will ask that he be ar
rested. -:
81 don't know who is worse, the
man who killed DR.. Gebhard or the
man who would perjure himself to get
on the jury to convict DR.. Koch be-
cause of a pre-conceiyed idea Of his
guilt,' said W. D. Abbott, one of the
| not decided definitely to proceed
against this juryman, but we must do
something to protect ourselves
Hearing on Bail Continued.
! The arguments for bail for DR..
| Koch, which were to have been heard
today, were continued one week. Gen
eral Childs' opposes bail, but the at
torneys for the defense claim that it
rests entirely in the discretion Of the
court.
New Ulm is deserted The corri-
| doris of the Dakota house, which was
the headquarters for attorneys and
newspaper men, are quiet today. The
attorneys have all gone, General Childs
leaving today and Mr.. Brown, MIR. Alb
bott and Senator Somerville yesterday.
Mr.. Frederickson left Wednesday night.
or the six attorneys who sat on oppo-
site sides Of the table during the trial,
Albert Pfaender, whose home is in New
Ulm, is the only one left in the city.
Non-Residents Prominent in Case.
One of the features Of the case was
the fact that while both the murdered
man and the defendant lived IN New
Ulm, and while the crime was commit
ted here, most Of the persons connected
with the trial were not RESIDENTS Of the
city: In fact, the prosecution depended
but little upon residents, of the city
even for evidence against the prisoner
| OF the six attorneys, only one was
a resident Of New Ulm. Then nearly
all the witnesses for the state con.
nected with the poison phase of the
case we're non-residents. There were
the witnesses from the Haywood Box
Manufacturing company Of >Minneap
oils; the employees of the Parke-Davis
company Of Minneapolis, the type
, writer experts from st. Paul, and the
state chemist from the university
, Hanska, including handwriting ex
pert and Ole Ulen, who swore that Kocf
, told him that someone was going to xii
Gerhard.
Says He Is Prosecuted.
l In formal statement to the press
made late yesterday afternoon, DR.
0 Koch said:
}, "The failure of the jury to com
D 4o ia
: disappointment to me. fully expecte,
4 an acquittal for the reason that I di
e not see how there could be any ques
t ton about my innocence in the eye
r of any fair minded jury, I am confden
t now that the jury would have had n
|, trouble in arriving at a verdict Of &C
d quittal had 1T not been for the heav
l. pressure brought against some of ther
by persons who want to see me hange
n for a crime which did not commit, no
y have anything to do with.
h 81 am anxious for an early retria
r and feel certain that the verdict wi
IS be for acquittal. The only thing I as
g is that men who have made up thei
minds that am guilty be kept off tn
Jury; -, :, 1:
the evidence presented against me NJ
II body has been heard to say that Their
E. was a probability Of conviction. TIL
best my accusers expected was a di
agreement, which they got. PerhaI
they were we'll Informed as to some c
i the jurymen. It. looks that way to M
& Confident of Vindication.
''I have no criticisms to make. g,
pect to be vindicated in the end.
=. hope that no other young man will eve
+ be pursued as I have been pursued b
= men who are bent upon his life, at an
- cost, guilty or not guilty.
~ II think I am entitled to fair tri
20 before an impartial jury, not jul
e with some men who made up the
u minds before they were sworn.
10 IT feel that if all the twelve me
), who went into the jury box had bee
81 unprecedented and had based their OPT
ia ions as to my guilt or innocence up(
" the evidence presented in court, the
= would have all been Of one mind. -
- Flowers for the Prisoner.
O. If Dr. Koch were a new member
of congress just taking his seat, he wou
O. probably receive no more choice c
W flowers than were carried to- his ce
p today by loving friends. Many Of tt
by latest magazines We're also taken
MT him. His cigar bill ought to be ligl
o. as several boxes were sent to him toda
m The young dentist declares he is n
eli concerned about his present plight e
mt cept as it affects the folks at home.
n It seems probable that the change
nc venue, when taken, will be to st. Jane
Redwood Falls has been considered, b
- | it is in Judge Webber's district. al