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

any ihIuhy duouC ~. hO hO'Ci nav
heard that Dr. Koch mad been charged
with the crime and tried for it at New
Ulm. He did not know until last night
that the case was to be tried in this
city. Sheriff Williams did not say
on, but he suspected it was this case.
The defense challenged for actual bias.
The juror said that he had not formed
any opinion as to the guilt or limo
cencc of the defendant. He was born in
Wisconsin, but had lived in Blue Earth
county since the Indian massacre. He
had heard nothing said about the case
in this city. He served on grand jury
once, eight or nine years ago. He knew
of no reason why he could not try the
case impartially. The triers found the
challenge not true. The defense chal-
lenged pcremptoriIy, and the juror was
excused.
John Steel of Decoria said That he is
taking the Free Press, Review and the
st. Paul Daily News. He had read and
talked about the case. The defense
challenged for actual bias. The juror
said that he had an opinion as to the
guilt or innocence of the deceased, and
did not think That he could try the case
fairly. The juror was excused, the
state admitting the challenge.
John w. Fowler of this city was call
ed. He takes the Milwaukee Sentinel
and Chicago American. The defense
challenged for actual bias. He said
that he had read of the case in the Free
Press. He formed and still has an opin-
ion as to the guilt or innocence of the
defendant, and it would certainly take
evidence to remove the opinion. Reply
ing to Gen. Childs, the juror said that
he could render a verdict according to
the evidence. The state admitted the
challenge.
Harry e. Hill of Eagle Lake was
next. The challenge of the defense, for
actual bias, was admitted by the state
Oscar Carlson said that ne has read
and heard about the case. The defense
challenged for actual bias. The triers
sustained he challenge.
John Deagan was called, but had been
excused.
d. r. Rasdall was challenged by the
defense. The triers found the chal-
lcngc true.
Another Peremptory.
James A. Pressnall of Eagle Lake, post
master and store keeper, said that he
had heard and read about the case. The
defense challenged for actual bias The
juror said that he was reading the
Free Press, and sometimes twin city
paper. Tne juror said that he had talk.
cd very little of the case, although he
had heard it discussed a good deal. He
had not followed the case closely. He
did not think that he had any impress
sion in regard to the case. He could
not say that he could act on the case as
fairly and impartially as though he had
not heard it discussed. lie had never ex-
pressed an opinion. He knew of no
reason why he could not try the case
fairly and impartially. The state did
not examine. The challenge was found
not true, by the triers. TIE defense
challenged peremptorily.
Second Special Venire.
Judge Cray directed Clerk of Court
Thorne to issue a special venire for
fifty jurors, returnable at a. m. to-
morrow.
Affidavit Of Prejudice.
At this junctTe Senator Somerville
presented the following affidavit and
asked that it be filed with the clerk of
court:
George w. SomervilIc, being duly
sworn, says that he believes that Ben
nett Williams, the sheriff of Blue
Earth county, by reason of partiality
and prejudice, will not faithfully per-
form his duties in the above entitled
action. Geo. w. Somerville." The
The affidavit is dated April goth.
Judge Cray ordered the affidavit filed,
and held up the venire pending the
attorneys looking up the law on the
matter.
The springing of the affidavit was a
surprise. The sheriff being thus dis
qualified, the venire will have to be
summoned by Coroner Kennedy. The
affidavit above serves to disqualify, so
the defense holds.
Henry Thcilman of st. Clair was
called, challenged for actual bias, ex-
amined briefly, the challenge was admit
ted, and he was excused.
Juror Waddell slept in the grand jury
room last night and gets his meals at
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