davidaulloa/AmericanStories huggingface dataset:
Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1905-12-29
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Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1905-12-29
You CAN prevent sick.Headaehs

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Durant weekly news. (Durant, Choctaw Nation, Indian Territory [Okla.]) 190?-1944, 1905-12-29

Durant Drug
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28
Two Peremptory Challenges.

Two Peremptory Challenges.
4. V. Waters was not challenged by
the defense. The state challenged for
implied bias. The juror said that Mr..
Pau had been his attorney but is not
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

citizens committee. He takes the Free
Press and Minneapolis Tribune. He mad
an opinion that it would take evidence
to remove, but thought that he could
lay it aside and try the case fairly and
impartially. The trers found the chal-
lenge for actual bias made by the de-
Tense to be true.
George w. Sugden was challenged by
the defense for actual bias. He had
read the Free Press, St. Paul Pioneer
Press and Minneapolis Journal He had
IN opinion that il would take consider
able evidence to overcome. The triers
found the challenge true.
Robert Jache was called and the de-
Tense had no challenge. He said that
he had known the defendants father
for ten or fifteen years. The state
challenged for implied bias. Jacne had
been at the defendants home about six
times, tuning the piano there. He had
no conscientious scruples against capital
punishment. The state withdrew the
challenge and challenged for actual bias.
He read of the case in the Free Press.
At different times ne has different
opinions, and has one now that it would
take some evidence to remove He had
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

4 4
first degree and new no reason why he
could not serve fairly on the jury He
was sworn as the ninth Juror Mr..
Footner is from this city, was formerly
employed as a packer at the big mill in
this city. He is middle aged He re-
sides on Minnesota street. He once liv-
ed at st. Clair.
A. R. Mcdonald of Rapidan was call
ed and was challenged by the defense
tor actual bias. He said that he takes
the Free Press. He had no opinion re-
garding the guilt or innocence of the de-
PENDANT. The triers found the challenge
not true. The defense challenged per-
emptorily.
j. B. Richards of South Bend, who
moved to there from Mankato last
fall, was challenged by the defense for
actual bias, and it was admitted by the
state.
This exhausted the second venire and
the roll of the third venire was called,
and all were found to be present ex-
cept four. A short recess was taken
to allow the attorneys to examine the
list of the names on the third venire
AHuIeW huuDerS was the HrSC Juror
called from the third venire. The de-
Tense had no challenge. The state
challenged for implied bias. The
juror said that he has conscientious
scruples against capital punishment,
and even if convinced by the evidence of
the guilt of the defendant he would not
vote to convict him. The defense adj
mitted the challenge.
D. Baker said that ne takes the Free
Press, Review and Minneapolis Jour-
nal The defense challenged for implied
bias. Mr.. Wilson had recently acted as
his attorney, Mr.. Baker said. The chal-
lenge was withdrawn and the defense
challenged for actual bias. Mr.. Bak-
err said that he had some opinion, that
would require evidence to change The
triers found the challenge true.
Ransom Barr of lie Huillier said he
takes the Free Press. The defense chal-
lenged for actual bias and the triers
found the challenge true.
L. F. Van Dusen, travelling man.
formerly of Grand Forks, n D., said
that he had read and heard about the
case. He had business relations with
MFR. Retzlaff, member of the New Ulm
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28
challenged for actual bias, and it was

challenged for actual bias, and it was
admitted.
Amiel G. Antoine of South Bend said
that he takes the Free Press and Min
neapolis Journal. The defense cnalleng-
ed for actual bias. The juror said that
he has an opinion that it would require
considerable evidence to remove. The
challenge was admitted.
w. L. Warwick handles the Free
Press, Review and Minneapoli Journal
The defense challenged for actual bias.
The juror said that he had an opinion
that it would take much evidence to
remove. The challenge was admitted.
Fourth Special Venire.
Judge Cray directed that a special
.venire for twenty-five jurors be issued,
returnable at 4 p. m.
Geo. w. Turrittin was accepted by
the defense, and the other challenged for
implied bias. He said that he could
not vote conscientiously for conviction
where capital punishment is the penal
ly. He would do it because he was in
structed by the court, but he would not
want to do it on circumstantial evil
dence. The challenge was found true.
Judge Cray, just before ordering the
noon recess, told the nine jurors chosen
that if they wanted to attend church
tomorrow he would arrange it so that
they could They will have to agree
OF one or two churches, and the bail
ifs will accompany them.
Up to noon today, ITO jurors had
been examined, nine accepted, nine per-
emptory challenges used by the de-
Tense and four by the state.
Genral Childs and Attorneys Brown
and Abbott will remain in the city
over Sunday. Senator Somerville mas
returned to Sleepy Eye for the Sab
bath, and Mr.. Pfaender will return to
New Ulm tonight.
There has been good deal of talk
of list of names having been pre-
sented to Sheriff Williams for use in
making up the first special venire, but
nobody seems to know who presented
it except Mr.. Williams, and he will
not tell.
Down to Business Again.
G. w. Cady, conductor on the Chi
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

in court at ten o'clock this forenoon.
Coroney Kennedy was therefore oblig-
ed to pick talesmen in this city.
The states witnesses were subpoened
for today, and there was quite a bunch
of them over from New Ulm. 1t had
been previously agreed between the
court and the attorneys that no evil
dence should be taken today, even if
the jury was completed, and the states
witnesses were told to be on hand Mon
day. 1t is the intention that if the
jury is completed in time today, for
the state to open its case to the jury.
Thomas Dooley was on the stand
some time yesterday afternoon, trying
to make it appear that while he had
formed an opinion it was only a very
slight one that would yield to evidence.
The triers found the challenge of the
defense for actual bias to be true.
j. III. Stewart of this city was call
ed. The defense had no challenge. The
state cbeenged for implied bias. The
juror said that ne had no CONSCIENTIOUS
scruples against capital punishment and
would vote to convict if the evidence
warranted it. The challenge was with
drawn. The state withdrew it's chal.
lenge for actual bias and Mr.. Stewart
was sworn as the eighth juror.
John S. Hotaling of this city was
called. The defense challenged for ac-
tual bias, and the state admitted it.
A. d. Scululin of South Bend was
challenged by the defense for actual
bias. He read of the case in the Free
Press and st. Paul Daily News. He had
an opinion from what he had read and
heard, and thought that it would infu-
ence him if he was on the jury The
state admitted the challenge.
David E. Crane of South Bend had
read of the case in the Free Press and
ST. Paul Pioneer Press. The defense
challenged for actual bias. Mr.. Crane
said that he had formed an opinion
based on what he had read and heard. If
called to sit on the case he would try to
lay aside the opinion. He felt sure
that he could lay it aside. The triers
found the challenge not true, after, some
discussion. The defense challenged
peremptorily.
Sherman E. Blake of this city was
challenged by the defense for actual
bias. He had formed no opinion as to
the guilt or innocence of the accused.
The triers found the challenge not true.
The state challenged for implied bias,
and the defense admitted it.
E. A. Gibbons was excused by consent
of both sides.
Eric A. Engwalson of this city was
challenged by the defense on the ground
of implied bias. He said that his broth
er married a sister of Mrs. S. B. Wilson.
The court found the challenge not true.
Mr.. Engwalson said that he takes the
Free Press and Minneapolis Tribune.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

Tribune and Orange Judd Farmer. The
defense challenged for actual bias. The
Juror said that he has an opinion in the
case and it would take pretty strong
evidence to remove it. He did not
think that ne could sit in the case and
try it. The challenge was admitted.
/. A. Cary was called. The defense
had no challenge, and the state chal-
lenged for implied bias. The juror said
that he was heartily opposed to capital
punishment, and he did not think that
he could vote for conviction. If he took
an oath to decide according to his judg-
ment, he would do so, knowing that he
had nothing to do with the punishment
His feelings would not influence him
in this case. The court found the chal-
lenge not true The state challenged for
actual bias. The juror said that he takes
the Free Press and Minneapolis Jour
nal. He had no opinion as to the guilt
or innocence of the accused, from what
ne had read or heard.
"Do you believe what you read in the
papers?" asked Mr.. Wilson.
eff we didn't believe some of it, we
wouldn't know anything" replied Mr..
Cary.
Mr.. Cary said that the impression
made on his mind was very slight, and
it would require no evidence to remove
it. The triers found the challenge not
true. The state challenged peremptorily
Third Venire Returned.
Coroner Kennedy this morning return
ed the third special venire, with the fol-
lowing names on it.: George w. Sug-
den, Andrew H. Beebe, Amiel C. An
tome, Fred j. Rogers, Ransom Barr,
Reddie M. Anderson, John Stewart, R.
f. Bradshaw, Robert j. Just, Andrew
Rudberg, Harvard d. Diamond, W. R.
Hammett, G. w. Warwick, Charles
Northrop, G. w. Cady, Robert Jache,
R. III. Eldred, d. Baker, G. w. Turrit-
ten, l.. +. Van Dusen.
When court convened this morning
the state had six peremptory challenges
left, and the defense eleven.
Quickly Accepted.
Harry Footner was not challenged by
the defense or by the state. He stated
he knew the penalty of murder in the
J. * J. J. !. !. !. :.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28


The defense challenged for actual bias.
The juror said that he formed an opin-
ion at the time of the New Ulm trial
and still has it, and it would require
good deal of evidence to remove. The
challenge was admitted.
Severt Olson of this city was called.
The defense challenged for actual bias.
The juror said that he formed an opin-
ion during the trial, mas it still, and it
would take some evidence to remove
the opinion. He did not think that his
jury. The triers found the challenge
true.
Charles Kusche, real estate dealer of
this city, said that he takes the Free
Press and st. Paul Dispatch. The de-
Tense challenged for actual bias. Mr..
Kusche said that at the time of the
New Ulm trial he had formed an opin-
ion and still has it, and it would take
some evidence to remove it. The state
admitted the challenge.
Ole Flo, Rapidan farmer, said That
he had read of the case in the Free
Press and Minneapolis Journal. The de-
Tense challenged for actual bias. Mr..
Flo said that he had an opinion that it
would require some evidence to remove.
If enough evidence was introduced on
the other side he would change his
mind. He thought he could try the case
fairly and impartially. The triers
found the challenge true.
Daniel Haenel of South Bend said
that he takes the Free Press, Forum,
Stock and Home, and a German paper
from Nebraska. The defense challenged
for actual bias, and the state admitted
it.
David S. Evans of this city was chal-
lenged by the defense for actual bias.
He takes the Free Press, Minneapolis
Tribune and Lake Crystal Union. He
has had an opinion from the first, and
it has been strengthened as time went
on. He did not think that he could
try the case impartially. The challenge
was admitted.
Had Strong Opinion.
John A. Nilsson of this city was chal-
lenged for actual bias. He takes the
Review and several other papers. He
formed an opinion and still has it and
he didn't think That anything could get
it out of his mind. Replying to Mr..
Wilson, the juror said that the sworn
testimony in court would not outweigh
what he had read and heard of the case.
'Do you mean that your business re-
quires you at homer" asked Mr.. Wilson
with a smile.
"No, do not mean that" replied Mr..
Nilsson. 81 mean that nave made up
my mind and cannot change it, now"
The challenge was admitted.
j. d. Taylor of South Bend says
that he takes the Free Press, Farmers
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28
SATURDAYS PROCEEDINGS

The audiences at the Koch trial yes
terday and today were very large. Yes
terday, being Good Friday, the schools
were closed, and many of the older
students took advantage of the fact to
take in the trial. There was no school
today and this in part accounted for the
crowd that was on. hand today. A large
proportion of the afternoon audience
is composed of ladies. Some of them
remain throughout the session, while
others come and go, and their places are
taken by Others.
just before the adjournment yester-
day afternoon, Judge Cray ordered Clerk
Thorne to issue third special venire
for twenty talesmen, to be given to
Coroner Kennedy for service. As it was
Good Friday and legal holiday, when
no summons can be served, the court
ordered that the venire be not served
until this morning, and directed that
those summoned as talesmen appear
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28


r. f. Bradshaw takes both local dali.
les. The defense challenged for actual
bias. The juror stated that he has an
opinion in the case. The challenge was
admitted.
Andrew II. Beebe, the last person on
the special venire, was called at $3.50
p. m. The defense challenged for &C.
tual bias. The juror said That he had
an opinion that it would take evidence
to overcome. The challenge was admit
ted.
A recess was taken uptil p. m,
when the fourth special venire was re-
turned. 1t contained the following
names: Daniel Williams, Richard
Hughes, Fred j. Melvin, F. F. Schim-
melpfenning, T. G. CARRIER, Fred A.
Kneeland, A. A. just, William Sturm,
William Craver, Charles E. Schwan, G.
c. Towne, R. R. Swartout, Merton NJ.
Clough, Herman knott, John T. Hardy,
Walter Presley, Erastus V. Waters,
Archibald H. Scnerer. Lawrence Colson,
Robert E. Brown, James Hodson, Jacob
H. Sehwickert, Christian Burmeister,
Soren Nelson, Thomas Ryan.
VIM. Sturm of Garden City was ex-
cused on account of his wife being sub
ject to fainting spells. Walter Press
ley was excused because he has child
who is very sick. G. c. Towne was ex-
cused by consent of the attorneys be-
cause he is state game warden. Two
Others tried to be excused because they
had read the papers and had opinions,
but the court did not consider this an
excuse
r. r. Swartout of Mankato township
was called, challenged by the defense
for actual bias, and the challenge was
admitted.
James Hodson said that he takes the
local dailies and the st. Paul Pioneer
Press. The defense challenged for &C.
tual bias. The juror said that he has
such an opinion as would require evil
dence to offset. The challenge was ad-
mitted.
Two Peremptory Challenges.
L. Y. Waters was not challenged by
the defense. The state challenged for
implied bias. The juror said that Mr..
Pau had been his attorney but is not
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

cago & Northwestern road on the tran
between Mankato and Mankato juno
ton, was the first juror called this af-
noon. The defense had no challenge.
The state challenged for implied bias.
The state withdrew this and challeng-
ed for actual bias. He considered that
some of the stories that he had read
were gotten up" He got SO that he
did not believe anything. He is not
acquainted with Koch The state with
drew the challenge and used one of it's
peremptory challenges.
w. R. Hammett was challenged by
the defense for actual bias. He takes
the Free Press and Review. He had an
opinion that it would take considerable
evidence to free his mind Of The chal-
lenge was admitted.
H. d. Diamond was challenged by the
defense for actual bias. 1t was found
true by the triers.
Charles G. Northrop was challenged
by the defense, and after season of
questioning the triers sustained the
challenge
Reddie M. Anderson, a carpenter of
South Bend, was selected as the tenth
juror.
Will Impeach Ulen.
"We will impeach the testimony of
Ole Ulen."
This is the statement given out to-
day by the defense in the Koch murder
trial.
Ulen, farmer living near Hanska,
is one of the states strongest witnesses.
In the first trial he created sensa.
ton by testifying that Koch had said
to him. would you or could you kill
DR.. Gebhardt?"
The defense claims that Albert Hush
eek, former employee of Ulen's. will
go on the stand in the present trial and
give evidence showing Ulen irresponsi.
BILE and his testimony worthless.
The state. on the other hand, claims
that it has important new evidence re-
garding the hammer with which Geb-
hardt was killed.
Edgar Dingler, the witness who tes-
titled regarding the hammer, has re-
turned to New Ulm, and will be present
at the Mankato trial.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28
MONDAYS PROCEEDINGS

When court convened this morning
there were eighteen members of the
fourth special venire still to be exam
ined, and some wonder was expressed as
to whether they would yield two jury
men.
Among the interested spectators is
Henry II. Gebhardt of Black River
Falls, Wis.,, brother of the late DR..
L. A. Gebhardt, who was the victim of
the New Ulm murder.
The jury, accompanied by three bail
ifs, attended church yesterday fore.
noon at the Presbyterian church, having
reserved seats near the front. DR..
Koch, accompanied by relatives, arriv-
ed at the same church late and had a
seat in the gallery, the lower floor be-
ing full. He had intended to go to the
German Lutheran church, but it was
full when he got there, and he went
on to the Presbyterian.
Yesterday afternoon the jury attend
ed the knights Templar service at the
Episcopal church. DR.. Koch did not
attend any afternoon or evening SER
vice.
The brother and sister of the late DIR.
Gebhardt sat inside of the railing to-
day, on the opposite side of the gate
from DR.. Koch and mis- sister and cous-
in.
Saturday afternoon, John Stewart,
a travelling salesman for the Mankato
Medicine company, was challenged by
the defense for actual bias. He said that
he has an opinion that it would take
considerable evidence to Offset. The
challenge was admitted.
Reddie NJ. Anderson, who has lived in
South Bend all his life, was challenged
by the defense far actual bias. This
was subsequently withdrawn. County
Attorney Wilson asked the juror wheth-
er he knew of any reason why he could
not try the case fairly and impartially.
The juror replied, "None, except for the
opinion that I have" This objection
did not count in this case, for the state
had no challenge and Mr.. Anderson was
sworn as the tenth juror. He is a
carpenter by trade and tnirtytwo years
old, but is not working at present.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

not come to a conclusion, and thought
that he could sit on the case fairly. The
triers found the challenge true.
Had Scruples.
Robert j. just was called and the de-
Tense had no challenge. The state chal
lenged for implied bias. The juror said
that he has conscientious scruples
against capital punishment, and he could
not vote to convict, even if convinc-
ed of the guilt of the defendant. An
swering Mr.. Pfau( the juror replied that
now having been informed that the
court imposes the sentence, he would
vote for conviction if convinced of
guilt The court found the challenge
true.
r. II. Eldred. brakeman on the chi
cago g. Northwestern road, said that
he takes the Free Press and Minneapo-
lis Tribune. The defense challenged for
actual bias, and the state admitted it.
Fred j. Rogers Of South Bend said
he takes the Free Press. The defense
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28


must have direct evidence, unless the
circumsttantial evidence left his mind
certain of guilt. The court found the
challenge true.
John T. Hardy said that he takes the
Free Press. the defense challenged for
actual bias. Mr.. Hardy said that he
had opinion as to the guilt or inno-
cence of the accused, although very
much interested in the case. Judging
from the evidence in the newspaper, I
consideded it very hard matter to de-
cide," said Mr.. Hardy in reply to q
question from Mr.. Pau. Answering
Gen. Childs, the juror said that he
thought that he could try the case inn
partially. The state admitted the chal-
lenge.
Christian Burmeister was not chal-
lenged by the defense. He told Gen.
Childs that ne has sister who former
ly taught at New Ulm, but had not
talked with her to any extent about
the case. He said That he has conscien-
tious scruples against capital punish
ment and could not render q verdict of
guilty under any circumstances where
the punishment is death. The defense
admitted the challenge.
Archibald Fl. Scherer said that he
takes the Free Press and Minneapolis
Journal. The defense challenged for ac-
tual bias. The Juror had firm opinion,
and the state admitted the challenge.
The free lance. (Fredericksburg, Va.) 1885-1926, 1905-08-22
GO: ' fo TsE H %gsT

Train leaving boswell ,.2i 20 20. does not run
beyond Charlottesville uu sundays
Through Pullman service to Cincinnati. Louis.
Vile ralragO nul So Louis. where direct counec-
'.uu. ar made for the Northwest. West and
southwest.
Hs-tonu.rtinu- also made via Washington.
a %. trains leaYe Washington westbouud at
$50 y. III. and no o. 20. daily.
TO OLD POINT AND NORFOLK
The free lance. (Fredericksburg, Va.) 1885-1926, 1905-08-22
WALLACE&CO.
Shoes For Everybody.
Don RunChanCcS

OF purchasing your liquor any
where and everywhere, but al
ways 90 where you are sure OF get
ting the best and purest goods
Adulterated goods are not tit TO
use. We are doing the largest
business in Fredericksburg, be
cause we never misrepresent our
goods and always give you your
moneys worth in quality and
measure. We have the largest
assortment of
The free lance. (Fredericksburg, Va.) 1885-1926, 1905-08-22
PURE BLOOD
ENSURES CLEAR SNIN

When Eczema, Acne, letter. Pimples,
or other skin diseases make their appear
ance il is a sure sign that the blood j.
filled with humors and burning acids
These being forced through the pore
and glands burn and blister The sAin, pro
lucing the eruptions which are usually
accompanied with intense itching, and
are dishguring and Illuminating.