The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-14
From Mondays Daily.

From Mondays Daily.
Witnesses for the state in the Koch
case began to arrive today, and others
will arrive tomorrow, the next day and
so on. 1t does not appear as though
they would be needed for several days.
1t is said that the state has had two
detectives at work on the case for some
time, but it is impossible to learn any
thing as to their movements, as the at
torneys for the state absolutely refuse
to give anything out Gen. Childs, when
asked whether anything new had been
developed on his side of the case, smiled
and said: 'You might as well talk to
this note book about this case as to
me-" As the note book contained mere
ly blank pages, it is evident that the
state does not intend to impart any of
it's new evidence, if it has any, at this
time. The other attorneys for the state
are equally secretive.
The defense will be in position to
show more conclusively than at the
second trial that each of the postal
clerks on the Winthrop and Storm Lake
division of the Minneapolis & st. Louis
road was using his own stamp and no
other last fall. Gen Chids, in his clos
ing argument to the jury at the last
trial, intimated that the stamp with
which the postage on the blue box con-
tanning the poison bottle was cancelled
might have been in the possession of the
clerk who had the run on the week
preceding the murder The defense in
down so tightly that there can be no
question as to where it was that week.
There is little need for peremptory
challenges at this trial, for neither side
has any difficulty in getting rid of tales
men whom it does not want on the jury.
If given the opportunity they are too
glad to tell of their strong opinion as
to the guilt or innocence of the defend
ant or to explain how much opposed
they are to the death penalty. Either
of these expressions is a passport from
the jury box. Thus far the state has
not used any of its peremptories and
the defense but one of its.
The defendant and the three jurors
passed a very quiet day yesterday. The
Jurors are allowed to do considerable
walking on the back streets, accompan-
led by baihff
There would have been four jurors
had not Joseph Frederick been excused
from service. He was selected Friday
and was the second Juror chosen. He
was accepted so quickly that he did not
have time to collect his thoughts. He
has been sufferer from rheumatism in
one hip ever since he injured it three
years ago while chopping wood. He is
also a sufferer from another affliction,
and both together make it wellnigh i'm
possible for him to sit still for any
length of time. He suffered a good deal
Saturday forenoon, but did not know
that his physical ailments would ex-
cuse him from serving until Saturday
noon. Then he told Judge Cray of his
case, and asked to be let off if it was
a possible thing to do, as he thought
that it would be impossible for him to
serve three or four weeks.
Judge Cray informed the attorneys on
both sides of the matter, and when the
time for the recess came Saturday af
ternoon he brought the matter up in
open court and asked the attorneys
what they thought should be done. Mr.
Abbott said that he could see only one
thing to do. 1t would not do to run
the risk of going to trial if the juror
thought that he could not sit the case
through. The state also consented to
let the juror withdraw, and the court
excused him on the ground that he was
suffering from physical disability.
MIR. Frederick was very glad to be
excused, and quickly left for home. He
stated before going that had the attor-
neys asked him whether he had an Opin-
ion he would have told them that he
had. He said that he considered the de-
PENDANT guilty and that he would have
so considered him until he had heard
evidence to counterbalance his belief. He
said that the meals served the jurors
by Mrs. J. H. Moore are excellent, and
that fine place to sleep has been fur
nished the jurors. He was well pleased
with the way that he was taken care
of
The only man found Saturday who
said that he had formed an opinion was
William Wandersee, Lime farmer,
The defense was unable to shake him on
this point, and withdrew its challenge
for actual bias and challenged for gen
eral disqualification. Mr. Clark PROFOUND
ed number of legal terms and phrases
and he was hoored OH them all. Mr..
Wandersee stated that his command of
the English Vocabulary was limited,
and the court found the challenge true.
A ,,I To-