The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

withdrawn and the state challenged for
actual bias. The juror said that he does
not have any opinion as to the guilt
or innocence of the accused, and had
not heard the case discussed. The chal-
lenge was withdrawn, and the state
challenged peremptorily.
Fred A. Kneeland was not challenged
by the defense. The state challenged
for implied bias. The juror said that
he had no conscientious opinion against
capital punishment where the evidence
is sufficient. The challenge was with
drawn. Mr.. Kneeland said that he
takes the city dailies and Minneapolis
Tribune. The state challenged for ac-
tual bias. The juror said that he had
no opinion as to guilt or innocence at
the present time, and knew of no rea-
son why he could not try the case i'm
partially. The triers found the challenge
not true, and the state used peremp-
tory challenge.
A recess was taken until Monday at
Fifth Special Venire.
When court convened, Judge Cray di.
rected that special venire for twenty
talesmen be issued, returnable at 2 p.
m.
This Forenoon.
William Craver was the first tales
man called. He takes the local papers.
The defense challenged for actual bias.
Mr.. Craver mad an opinion and the tri-
ers found the challenge true.
Thomas Ryan was not challenged by
the defense. The state challenged for
implied bias. The juror said that he
has conscientious scruples against the
death penalty. He could not render a
verdict of guilty where the evidence is
largely circumstantial, even if convinc-
ed by a reasonable doubt. The
challenge was admitted.
Defense Uses Peremptory
Fred j. Melvin of South Bend was
challenged by the defense for actual
bias. He had formed no opinion as to
guilt or innocence, but he had formed an
impression before the New Ulm trial
commenced, but later it changed from
one side to the other. Replying to Gen.
Childs, the juror said he was not con-
scious of any impression on his mind
or mad any reason why he could not try
the case fairly and impartially. The
triers speedily found the challenge not
true. The defense challenged peremp-
torily.
A short recess was taken.
Charles E. Schwan, a member of the
special venire, was excused on account
of weakness, due to an operation per-
formed six weeks ago. R. E. Brown,
another juror, was excused because he
is brother law of the Messrs. Pfau,
attorneys for the defense.
Richard Hughes takes the Free Press
and read of the case. The defense chal-
lenged for actual bias. Mr.. Hughes said
that from the circumstantial evidence
in the case he was unable to reach
decision in his mind. There was
an impression, which has remained to
some extent. On account of the evil
dence being circumstantial, he has no
opinion. He knew of no reason why
he could not give fair verdict. He had
belief that evidence would overcome.
He thought that he could lay his belief
aside. The triers found the challenge
true.
L. o. Garberg of Rapidan was chal-
lenged by the defense for actual bias.
The state admitted the challenge.
Herman knott takes the Mankato
dailies. The defense challenged for &C.
tual bias. The challenge was found
true.
Lawrence Colson was called, and said
that he takes the Free Press. The de-
tense had no challenge. The state chal-
lenged for implied bias, and Mr.. Colson
said that he has no conscientious scrup-
les against the infiction of the death
penalty where the evidence is direct.
He said That if the evidence was large
ly circumstantial, he could not render q
verdict of guilty. If he was convinc-
ed in his own mind, he would, under
the instructions of the court, return q
verdict of guilty. He later said that he
must have direct evidence, unless the
evidence left his mind
certain of guilt. The court found the
challenge true.
John T. Hardy said that he takes the
Free Press. the defense challenged for
actual bias. Mr.. Hardy said that he
had opinion as to the guilt or inno-
cence of the accused, although very
much interested in the case. Judging
from the evidence in the newspaper, +
it very hard matter to de-
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