New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-04-26

not agree at all. He had not discussed
the matter. He had formed an opin
| ion before the New Ulm trial but his
mind went the other way after that.
He had no opinion now. The evidence
given one day in the papers would be
Knocked all end ways" by what ap-
peared next day. He knew of no reason
why he could not render a just and
fair decision in the case if he was on
the jury. The defense Withdrew the
challenge Replying to Mr.. Wilson, Mr..
Rapp1ey said that what the punishment
might be would make no difference with
MIN in finding a verdict in case the evil
dence showed the defendant guilty. The
juror was accepted by both sides, and
was sworn. Mr.. Rapple. is a farmer,
about sixty years old.
| James Miller of Eagle Lake said that
he takes the Free Press and Eagle
Lake News. He had read and heard dis
cussions of the case. The defense chal-
lenged for actual bias. The juror was
on the the jury at Duluth during the
first trial and read of the trial in the
Duluth papers. He formed an opin-
ion and has it still. The opinion would
interfere with his trying the case fairly.
The triers sustained the challenge.
Ole Andengaard of Decoria said he
takes the Free Press and ST. Paul Daily
News. He mad read of the case. The
defense challenged for actual bias. The
| Juror formed an opinion as to the guilt
or innocence of the accused soon after
the trial at New Ulm. He still has the
opinion and it would take some evidence
to remove it. The challenge was adj
mitted.
Might Get Sick.
Andrew Swanson, gardner of this
lefty, VINO lived in Lincoln before com
i ing to Mankato three years ago, said
| that he takes the Free Press, Lake
Crystal Union and a Scandinavian pa
per. The defense challenged for actual
bias. The juror had read the case in
the Free Press, but had talked about
the case very little At one time he did
i have an impression as to the guilt or
innocence of the accused, but it was re-
moved after the trial at New Ulm and
he has no opinion now. His opinion
formed by reading of the first part of
the trial, and formed oil reading the
/ last part. He then concluded that the
evidence at the first part was untrue.
He knew of no reason why he could not
try the case fairly and impartially. He
is seventy years old, hears fairly well,
and has fair health except for rheuma-
tism at times. He had had more or less
rheumatism since he had come out of
the army, but for the past two years
did not have much trouble WITH it.
After much consultation the challenge
was submitted and found to be not
true. The defense then challenged per-
emptorily. Mr.. Brown remarked that
they did not want to run the risk of
the juror getting sick, as was the case
with one juror at the first trial.
Ira B. Reynolds name was called, but
having been excused, Charles J. Macbeth
was called The defense had no chal-
ienge. The state challenged for i'm
1plied bias. Mr.. Macbeth stated that
Pau & Pfau are his attorneys in a
suit now pending in the district court,
and that ne had employed The firm be-
fore. He has conscientious scruples
against capital punishment. He would
mot vote to convict any man on cir
cnmstantial evidence if hanging was the
penalty. He would want an eye wit
ness. If convinced beyond reasonable
doubt of guilt, he would stand by the
law. If satisfied of guilt, he would
| find him guilty. He had no conscientious
scruples in case of direct evidence. The
court found the challenge true and ex-
cused the juror.
I Up to noon nineteen special yenire-
men had been examined.
A recess was taken until 2 p. M.
{ 4 4
Challenged Peremptorily.
Henry A. Edwards was the first wit
ness sworn this afternoon. He resides
in Mankato township. The defense
challenged for actual bias. He read the
account of the murder and of the trial
in the Free Press. He mad heard it dis
eussed a very little The articles that
he read made some impression, some.
times one way and sometimes another,
but they left no opinion on his mind.
He had never formed an opinion as to
guilt or innocence. His opinion changed
after the publication of the article re-
latin1 to a murder HAVING haan com