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


cussions of the case. The defense chal
lenged for actual bias. The juror was
on the the jury at Dulutn during the
first trial and read of the trial in the
Duluth papers. He formed an. opin-
ion and has it STILL The opinion would
interfere with his trying the case fairly.
The triers sustained the challenge.
Ole Andengaard of Decoria said he
takes the Free Press and st. Paul Daily
News. He mad read of the case. The
defense challenged for actual bias. The
juror formed an opinion as to the guilt
or innocence of the accused soon after
the trial at New Ulm. He still has the
opinion and il would take some evidence
to remove it. The challenge was ad-
mitted.
Might Get Sick.
Andrew Swanson, a gardner of this
city, VINO lived in Lincoln before com
ing to Mankato three years ago, said
that he takes the Free Press, Lake
Crystal Union and Scandinavian pa
per. The defense challenged for actual
bias. The juror had read the case in
the Free Press, but had talked about
the case very little. AT one time he did
have an impression as to the guilt or
innocence of the accused, but it was re-
moved after the trial at New Ulm and
he has no opinion now. His opinion
formed by reading of the first part of
the trial, and formed OH reading the
evidence at the first part was untrue.
He knew of no reason why he could not
try the case fairly and impartially. He
is seventy years old, hears fairly well,
and has fair health except for rheuma-
rheumatism since he had come out of
the army, but for the past two years
did not have much trouble with it.
After much consultation the challenge
was submitted and found to be not
true. The defense then challenged per-
emptorily. Mr.. Brown remarked that
they did not want to run the risk of
the juror getting sick, as was the case
with one juror at the first trial
Ira B. Reynolds name was called, but
having been excused, Charles j. Macbeth
was called. The defense had no chal-
lenge. The state challenged for i'm
piled bias. Mr.. Macbeth stated that
Pau & Pau are his attorneys in a
suit now pending in the district court,
and that ne had employed the firm be-
fore. He has conscientious scruples
against capital punishment. He would
not vote to convict any man on cir
cumstantial evidence if hanging was the
penalty. He would want an eye wit
ness. If convinced beyond reasonable
doubt of guilt, he would stand by the
law. If satisfied of guilt, he would
find him guilty. He had no conscientious
lscruples i'm case of direct evidence. The
court found the challenge true and ex-
cused the juror.
Up to noon nineteen special venirc
men had been examined.
"A recess was taken until 2 p. m.
Challenged Peremptorily.
Henry A. Edwards was the first wit
ness sworn this afternoon. He resides
in Mankato township. The defense
challenged for actual bias. He read the
account of the murder and of the trial
in the Free Press. He mad heard it dis
cussed very little. The articles that
he read made some impression, some
times one way and sometimes another
but they left no opinion on his mind.
He had never formed an opinion as to
guilt or innocence. His opinion changed
after the publication of the article re-
lating to murder having been com
mitted by an alleged relative of
Koch's. Replying to Gen. Childs, Mr.
Edwards said that ne was not aware of
any prejudice that would influence him
as juror, but would be fair, accord
ing to the evidence. The challenge was
found not true The defense challenged
peremptorily, and the juror was ex
cused. This was was the defense's
fourth peremptory challenge, while the
state mas used two.
Was News to Him.
Geo. A. Covell of Mcpherson said that
he knew nothing about the case. He had
been to town but once last winter. He
had never heard until now of Dr. Gcb-
hard's being killed at New Ulm. He
takes the Mankato Free Press and vii
lage paper. He does not read the papers
much. The boys read the papers some
times. Heard the murder mentioned
once or twice at home. Had not heard
of the murder until lately-that is
two or three months ago. He had read
no accounts of the murder. He had
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