Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-01-26
DR.. KOCH MUST
FACE RfTRIAL
JURY is UNABLE TO AGREE AND
Is DISCHARGED BY JUDGE
WEBER.
WILL ASK CHANGE OF VENUE
WILL ASK CHANGE OF VENUE
SECOND TRIAL WILL BE HELD IN
SOME COUNTY OTHER THAN
BROWN.
DIR. KOCH MAKES STATEMENT
lNTiMATEs THAT SOME OF THE
JURORS WERE PREJUDlcED
AGAINST HIM.

New Ulm, Mimi, Jan. 22.-Dr. Geo.
R. Koch will have to undergo retrial
on the charge of numbering DR.. Louis
A. Gebhardt. The second trial in all
| probability will be held in some coun,
ty other than Brown, for it practically
was decided yesterday that change
+, of venue will not be seriously opposed
by the attorneys for the defense, pro-
vided the case is sent to some county
acceptable to them.
The jury yesterday morning report
ed that it could not agree on a verdict
and it was discharged by Judge Web
Der. The final vote stood for acquit-
tai and 3 for conviction. Who these
three jurors are is a matter of consid-
cradle discussion in New Ulm, but so
far nobody outside the jurors them
selves has been Informed. The jurors
before making their report are said to
| have taken a joint pledge that the
vote of each would not be divulged.
First Vote to 5 for AcquttaI.
The first vote taken by the jury re-
suited in Z for acquittal and 5 for con-
viction. This division is said to have
| continued until Thursday morning,
| when one of the jurors in favor of
conviction was won over. Later in the
day another switched, but no manner
OF argument or persuasion could
change the other three, and it was
finally decided to report q disagree
ment.
The change of venue will be asked
| by the state, Judge Childs announcing
in court that such motion will be
! made. Judge Weber intimated that
the motion will be granted, and he also
| indicated that he is DESTROYS of send
ing it out of the. Ninth district.
The attorneys for the defense were
anxious for retrial at the present
term of court or at special term to
| be held in February. This was not APP
proved oy the court, who denied both
motions.
Think Ball Will Be Denied.
There is some question whether DR..
Koch will have to remain in s.ail pend
ing his retrial. His attorneys moved
| that bail be allowed, and were opposed
by Gen. Childs. The general opinion
is that the judge will deny bail.
When court adjourned just before
| noon it was with the understanding
that the attorneys should get together
in conference to agree if possible, on
| county to which to send the case
and to report in court this morning.
such conference was held, but moth
| ing definite was accomplished. Prop
| ositions were made on both sides, and
| it was finally decided to hold the mat
| ter open until Jan. %. Meanwhile the
| attorneys will endeavor to come to an
agreement.
Among the counties suggested are
| Redwood, Lincoln and Lyon, in Judge
| Webber's district: Blue Earth and
Watonwan, in Judge Gray's district;
Waseca, Steel and Dodge, in Judge
Buckman's district.
Jury Sends Word.
Judge Weber yesterday morning
! was in chambers early, expecting
some word from the jury room. Short
4 ly before 9 O'Clock one Of the bailiffs
| arrived to announce that the jury. was
| ready to report. The attorneys were
| called by telephone. Sheriff Julius
| was directed to bring in the defend
ant after which the jurors filed into
| the room
| The attorneys and spectators
showed more concern than did the de-
fendant. DR.. Koch displayed little or
no emotion.
The jury's report was handed to
| Judge Weber, who read it carefully.
Gentlemen, are you unable to come
/ to an agreement" the judge asked.
| 1--WE are responded Mr.. Penning.
There is no possibility Of an agree
ment being reached by your"
"No, sir; it will be impossible for
us to agree"
Judge Weber thanked them for
their conduct during the trial; re-
ferred to the expense borne by the
! county; thanked the attorneys and
| newspaper men for courteous treat.
/ ment, and then announced that the
/ jury was discharged.
DR.. koch's Statement.
4 s'The failure Of the jury to come to
an agreement is, of course, a keen dis
appointment to me. fully expected
an acqulttal for the the reason that I
did not see how there could be any
question about my innocence in the
eyes Of any fair-minded jury. l an
confident now that the jury would
have had TO trouble in arriving at a
verdict Of acquittal, had it not been
for the heavy pressure brought
against some Of them by the people
who want to see me hanged for a
crime which I did not commit, nor
have any thug to do with
s n am anxious for an early retrial,
n ana sese certain that the verdict Will