The Saint Paul globe., 1905-04-22

light may be thrown on the murder
by finding out who these were.
The witnesses for the state are all
sCbpoenaed to appear tomorrow, but by
agreement the taking of testimony is
not 60 begin before Monday, even
should the jury be completed tomorrow
forenoon III there is time the opening
argument of the state win be made to-
morrow.
Ladies Surround the Defendant
Dr. Koch appeared more cheerful to-
day than on the previous two days. as
he was surrounded by a bevy of ladies.
which included his sister, Miss Ida Koch
OF New Ulm and his cousins of this
city. They sat beside him the greater
part OF the day. The audience today
taxed the capacity of the court room.
for irwas Good Friday and the schools
had holiday. The older students
were admitted
+. NJ Otto of Eagle Lake was the
first juror called today. The defense
had no challenge. The state challeng-
ed for implied bias. The juror said
that he has conscientious scruples
against capital punishment that would
prevent him from finding a man guilty
OF a crime for which death was the
punishment. Answering the court Mr..
Otto said that he would not bring in
verdict of guilty even If the court in
structed him to on the evidence.
You mean you would bring in a
verdict of not guilty even If you knew
that the man was guilty. do you?"
asked the court
Yes. sir. / would" replied Mr. Otto.
We'll. you are excused" said the
court shortly.
The attorneys for the state are par
ticular in regard to the jurors accepted
having any conscientious scruples that
would prevent them from bringing in
a verdict of guilty il the testimony
warranted it as readily as though the
penalty was not death. Mr.. Barnard
said that he certainly would vote for
conviction If the evidence warranted
IL. regardless of the penalty, If il was
his sworn duty. Mr.. Boswell said that
he had conscientious scfuples against
capital punishment, and at first said
that he did not know that he would
vote for conviction even If the evidence
convinced him of guilt beyond rea-
sonable doubt. He finally said that he
would do so II the court instructed him
that il was his duty to do so. Mr..
Lundberg and Mr.. Stewart had no
scruples.
Bias Is Implied
In the case of Thomas I! Rodgers the
court sustained a challenge for implied
bias because the juror was employing
Mr.. Clark, one of the attorneys for the
defense. The defense objected to the
ruling, claiming that the law didn't
make that ground. The court re-
piled that there were decisions both
ways. and he preferred TO decide the
way he had. Mr.. Clark took exceptions.
The state used two peremptory chal-
lenges today and the defense one. The
state has used four of its ten, and the
defense eight OF its twenty.
This afternoon John A. Nilsson, To-
cal grocer, said that he had an opinion
as to the guilt or innocence OF the ac-
cused and could not get ii out of his
mind. He said that the sworn testi-
outweigh what he had read and heard
of the case.
do you mean that your business re-
quires you at homer" asked County
Attorney Wilson, with smile.
NO, do not mean that" replied Mr..
Nilsson: Il mean that have made up
my mind and cannot change il now"
The juror was excused.
/. a. Cary was a sample of another
class of jurors examined. He had read
the accounts of the trial at New Ulm,
but had no opinion as to the guilt or
innocence of the accused.
Don't you believe what you read in
the papers?" asked Mr.. Wilson.
If we didn't believe some of it, we
wouldn't know anything" was Mr..
Cary's reply.
There is little doubt but that the jury
will be completed tomorrow, so that
the taking OF evidence can begin Mon
day. Interest in the case is growing
constantly, and il is talked about
everywhere that people congregate.