New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-17


the incident of mania, OF of a sudden
|paroxysm of passion, such as suspends
the intellectual powers. but if there is
evidence that deadly weapon likely to
take life is intelligently and malicious
ly used, or if there is evidence that
shows a harbored design against the life
of another, this is all evidence Of pre-
meditated design, which the jury should
consider, even though such design or
intention was not conceived for any
particular period of time before the
act which resulted in taking the life
If you find from the evidence beyond
a reasonable doubt, that at the time
and place as alleged in the Indictment,
the defendant, George R. Koch, kill
ed Louis A. Gerhard, with the pre-
meditated design to effect the death of
said Louis A. Gerhard in manner and
form as charged in the Indictment, and
if you so find that such killing was not
excusable or justifable under the law
as | have charged you, then you should
find the defendant, George R. Koch,
guilty of murder in the first degree as
charged in the Indictment.
If you do not find from the evidence
beyond reasonable doubt, that at the
time and place as alleged in the indict-
ment, the defendant, George R. Koch,
killed Louis A. Gerhard, with the pre-
meditated design to effect the death of
said Louis A. Gerhard, in manner and
form as charged in the Indictment. or
if you do not so find that such kill
ing was not excusable or iustifiable
under the law as I have charged you,
then you should find the defendant.
George R. Koch, not guilty.
The matter of penalty, of inf1iction,
OF punishment, are matters which under
the law rests entirely with the court.
and with which you have nothing to
do. When you have determined the
question of the guilt or innocence of the
defendant, you will have done your
whole duty.
Now, gentlemen of the jury, you APP
proach the discharge of the last and
most important duty that rests upon
you. The case has been presented to
you with great care and skill bvs the
learned and able counsel who repre-
sent the state upon the one side. and
the defendant upon the other, but all
they can, or do, ask of you, is, that
you discharge your last and most i'm
portant duty in this case, conscientious
ly, and with most rigid integrity of
purpose, and when you have done this,
You will have won the approval of an
enlightened public sentiment, and. as
the richest of all rewards, you will
have won the approval of your own in
ner consciences, and will feel that your
duty has been well and faithfully per-
formed, no greater earthly heritage
than this, is the reward of any man.
Judge Cray read the charge from
manuscript, and then addressed the Jury
eXtemporaneously and instructed it to
choose, foreman the first thing. He
said that he had prepared two forms of
verdict, one finding the defendant gull
ty as charged in the indictment. and
the other finding him innocent. He told
the jury that it could take to it's
room such of the exhibits as it wished
to, but asked the members to be care
full with the exhibits and to return
them in the same condition as when
taken. This, he said, was highly i'm
portant. The jury was not to make
any experiments with any of the ex-
hibits, but simply look at them.
Sheriff Williams and Bailiffs Rutan
and Engelbert were sworn to take
charge of the jury.
The attorneys assented to the Jury
being allowed to have water in its room
and to 60 to its meals at the Jail as in
the past. The court cautioned the men,
bers to discuss the case in their room in
moderate tone, so that not even the
bailiffs in charge should know what was
going on inside of their room.
The jury then retired just before
noon, but a few moments later Juror
Waddell was summoned to come back,
and the court informed him and also the
attorneys that in case a verdict was
rendered today or this evening he would
receive it up to ten o'clock tonight,
or in case one is agreed upon tomorrow
he would receive it up to ten o'clock
tomorrow night, and so on. In case
a verdict was not reached before ten
O'Clock he thought that the jurors would
want to retire. He said that the Jury
could oct the exhibits at two O'clock