The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-07
ONE JUROR SECURED
William Schaefer of LimetoWn
Accepted BY Both Sides.
Koch Trial Is Called In District
Court This Morning.
Sheriff Is Deposed and Coro-
ner Takes Full Charge.
Judge William F. Hughes Will
Assist the Prosecution.
Linetowr
William Schaefer .......

William Schaefer ...... Limetown
One juror was secured today to try
Dr. Koch William Schaefer is farmer
of Limetown, and is about forty years
old
The third trial of Dir. George r. Koch
for his life ON the charge of murder in
the first degree began promptly at nine
O'Clock this forenoon. The audience was
a small one compared with those that
assembled during the latter half of the
second trial, vet about as large as gath
cred while a jury was being selected for
that trial
Dr. Koch sat in his accustomed place.
and close to him sat his sister, Miss Ida
Koch. and brother law. Henry Som
sen. botn of New Tim, and other rela-
tives were gathered near. All of his at
torneys were present except L. L..
Brown of Winona, who arrived at noon.
The state was represented by Gen. IL.
W. Childs of st. Paul and County At
torney Wilson of tlrS city. As soon as
the case was called. General Childs in
formed the court that Judge William f..
Hughes of this city would assist the
prosecution. He said that Attorney Al
bert Pfaender of New Ulm would be alb
sent for few days. having gone to the
military encampment at Lake City for a
week. but that he would take his seat
later on.
The roll of the petit jury was called
and Louis Taber was excused on ac-
court of being sick in bed. John Me
Carthy on account of the illness of his
wife, Morgan e. Bowen on account OF
his military duties. George Lafavor on
account of an abcess in the back of his
head, requiring an operation as soon as
he is strong enough. and o. X. Olson
on account of illness with rheumatism
Henry Roberts was excused June l4th
Coroner Succeeds Sheriff.
Coroner Kennedy filed the appoint
ment of the bailiffs for the trial. they
being John F. Osgood, Tomlinson G.
Peart. Axel A. Ebernart f. Perry Rutan
Frederick Lyle Soaring and R. c. Hill.
Mr.. Pfau asked for few moments
- ha at
the state. and when The attorneys re-
turned Senator Somerville stated that
the defense had heretofore made an af-
fidavit of prejudice against Sheriff Will
Jams, but now withdrew it.
The court replied: The affidavit
NAV stand 1t has been under consider
alton for a month. and the coroner at
great expense has secured the bailiits
and they are in the court room. ! have
taken great pains. and so has the coro-
ner. to prepare for this trial. and the
withdrawal comes at pretty late hour
General Childs. what have you to say?'
General Childs said that some time
ago he had written to one of the at
tornevs for the defense and had sug-
gested that they withdraw the affidavit
He had received a reply saying that the
writer would consult with the other at
torneys about the matter. He had never
had reply to this. but had seen Mr.
Pfau week or ten days ago and haC
made the same suggestion to him. anC
ne replied that he had not heard of il
before, but would take it under consid
Grafton. The state has felt that it woulI
be wise course to pursue, as Thu
sheriff is familiar with that kind o
work and for him to perform the du
ties of his office would seem to be in thu
interest of Justice and economy.
The court appointed Senator A. Q
Eberhart, City Attorney c. O. Dale,
and d. A. Reed, the latter of LAX
Crystal, triers.
Coroner Kennedy has made arrange
ments to have the jury served witt
meals at the residence OF %. ii. MooIe
which is only two blocks from the cour
house.
Judge Cray states that the law read
that where an affidavit of prejudice i
filed against the sheriff, the corone
shall perform all of his duties. As tn
affidavit was filed in the midst of tn
second trial, he had allowed the sheriff
to continue to feed the jury and hi
bailiffs to serve throughout the trial
Judge Cray states that ordinarily tn
sessions of the court will be held from
a. M until noon, and from 2 p. m
until 5 p. m.
Senator SomervilIe arrived in the cit,