The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-26
ADMITTED TO BAIL
Continued From Page One.)

reason and not merely to insure his
presence at his trial. The discretion of
the court to grant bail ends where the
proof is clear or the presumption great.
Gen. Childs cited a number of cases
to illustrate the kind of cases where bail
is granted. He said that this was done
i'm cases where the evidence is weak.
If the evidence is of such a nature as
to convince the court that the proof is
strong or the presumption great, it is
hi sduty to refuse bail
Gen. Childs said that the matter
comes right back to the question of what
the court thought about the evidence.
1t seemed to him that a strong pre-
sumption of guilt has been raised, and
if this was so in the mind of the court
it mattered not whether there mad been
one or more mistrials, for the consti-
tuition and statute step in at this point
and leave no alternative.
Defendant Given the Doubt.
Judge Cray said that it struck him
that the provision of the law about
presumption being great was intended to
cover cases where no evidence had been
taken for the court to review He did
not think that this particular feature
confronted the court now. The thing to
be considered was whether the proof was
evident. He could see no good reason
why the fact that an Indictment had
been returned ought not to weigh to
some extent with the court, as the ac-
ton of trial iuries must be considered
potential. The petit jury must not con-
slider the fact of Indictment, but he
could see no reason why he should not
consider it in passing upon the matter
of ball. sBsgN
'Would the court have allowed the
verdict to stand had the jury. returned
a verdict of guilty? This is crucial
test established by many courts, but
it seems improper to pass upon this
now. / prefer to consider the history of
determining the case. l think that the
court should be allowed to determine
whether the defendant should be allow
eded to go on bail. In border line cases
like this / think it best to err on the
side of the defendant. In view of the
fact that two juries have disagreed, and
of general consideration of the case,
| will allow the defendant to give bail
The clerk may enter an order that he
be admitted to bail in the sum of $780,
900, the defendant to appear at the first
day of the June term of court. The
matter of the time for holding the next
trial may now be considered. l think it
wise to continue the present term un-
til the opening of the next"
Next Trial Set.
Mr.. Pau said that the defense would
very much like to have the date of the
trial fixed definitely. The defense
would like to have tome time fixed on
as early date as possible, perhaps fol-
lowing closely on the conclusion of the
next term.
Mr.. Abbott said that it might be bet
ter to fix a day, and if the June term
was not concluded, another day could
be selected. Perhaps July 9th would be
alright, he said.
Gen. Childs suggested that a time be
selected wnen there would be the least
Inconvenience for the farmers.
Judge Cray said that he had no in
formation as to the work of the June
term.
Mr.. Pau said that he thought that
the term would be rather short. He
thought that it would be about through
by July 9Th u1Ha j0al
| Judge Cray said that he would like
to exhaust the regular panel before
summoning special venire, the same as
IN the past. He had thought that it
would be better to set the case earlier.
but in view of everything said he
thought now that it would probably be
wise to set the time for July 9th. If
1T took as much time as before it might
take into harvest, but perhaps that
would not be any more embarrassing
than many other things. At the con-
clusion of the jury cases the petit iur-
ors would be excused until the timc set
for the Koch trial.
The case was set for July 9th. at Q
a. M, and the term was adjourned nm.
til the first day of the next general
term, the first Tuesday in June.
| DR.. Koch Goes Home.
Judge Cray examined the bond fur
nished by the defendant and approved
it. The sureties are E. G. Koch. father
of the defendant, w. f. Koch. his
brother, Charles Wagner, Joseph A.
Eckstein, DIR. L. A. Fritchie and Henry
Frenzel, all of New Ulm.
| nY. l.