The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-22
BY w. p. Mcclure.

BY WI Mcclure.
...Mankato, Mimi, April 22.-Four
minutes after court was called to order
this morning the ninth juror to try Dr..
George r.: Koch for the murder of Dr..
Gerhard was secured. The first name
called by. the clerk was that Of Harry
Footner. szx Mr.. ,Footner is about 40,
heavy set, Of ruddy complexion, with
a sandy mustache. He wore a black
suit with a low trlrned-down collar and
small, black bow tie. He lives in
Mankato and is not engaged in. bust.
ness, having an independent income. .
The defense elected from him that he,
had read but little about the case and
had formed no opinion as to the guilt or
innocence Of DR.. Koch. &. IL < .
EThe defense has no challenge, '%said
Mr.. Clark. -, .s.,. *ia
The state challenged for actual bias
and asked but one question. That was
If Mr.. Footner knew any. reason why he
could not try the case fairly upon the
evidence and under instructions. OF the:
court. The juror said that there was no
reason that the state said it had no
challenge Mr.. Footner :, was then
sworn as the ninth juror. T''
rs~tE A Jury Today, Perhaps. oea9
Two other. talesmen were examined,
but both were rejected, one of them,
Ar. Mcdonald, farmer of Rapidan
township: upon a peremptory, challenge
by the defense. These two exhausted
the second special venire,F4 ~ ". gge,s:
"A third gvenire of twenty had been
ordered yesterday, but because Of the
legal holiday the summonses were not
served until this morning: The court
took short recess to enable counsel to
study The new list, and when it recon
vened at s9:45 the examination Of the
The Jury may be completed to
day, but under special stip ulatlons
made by the judge to counsel yesterday
afternoon, the taking of testimony will
not begin until Monday. The first wit
nesses desired will be notified today, to
be in court Monday morning. u
The rest Of the foreno on was spent IN
examining fourteen other veniremen, all
of whom were rejected. @ Of these,
twelve were Of the twenty men
of the second special yenire, and
Just before the noon recess Judge Cray,
evidently believing that it would be i i'm !
possible to get three jurors from that
venire,,s ordered Coroner 81 Kennedy to
summon twenty five more men to report
at O'Clock this afternoon. This
makes total Of 1875 men who have
been summoned. t>=
7a.s..y-,- No Proof as to Woman, 49,, e.r
Regarding tn the report that lat a. woman ns1
ciated with the defense said this morn
Eve are morally certain that there is
a. woman in the case, but we will not
bring her into it because we lack proof
If. proof were .obtainable we certainly
would present it, for such proof would
doubtless acquit. -l..r.: .,:...:., ~. Xxi
s"FThis story Of woman in the case i
an, old, old one 49, It was born befor
the last trial, springing probably from
an application Of the old saw that, Their
is = a woman at the bottom Of every
thing Had we had the matter ter in pre- pre-
brought out at the last trial But W
did not, and have not. now, SO it j
merely conJectural.' 49,. !. .s.'..q, ~
s.:'..@ An Important Exhibit. * .>.,.. j
The suit Of clothes which George R
of DR.. aGebhard will be one of the mos
important exhibits of the defense. ,rhi
is in the custody. of Clerk Thorn of tn
court together with the hammer andsth
other exhibits which were presented "a
box which contained the poison and a.
the first trial ~ 80 -: . r. :tG".
The defense s contention is that tn
murderer must necessarily have bee
spattered with blood and his clothes a
most saturated. It will endeavor t
show that DIR. Koch wore the same sui
down; town early on the morning 70
lowing the murder an nSiot that this hs ! SUI u
the evening before r.E,'t =. ''.- =
| The defense believes that its test
mony on this point cannot be refutet
and that no juror can believe that D
/ Koch could have committed a Grim
where 50 much blood was spilled, will
out there being some, evidence OF it
tie soiling of his clothes; ''ss =. H. ..@
ee.ss4a. Sable Case Not to Figure (
The alleged murder by one sahl
! who according to dispatch from Ne
Ulm, a fortnight ago was an uncle (
DR.. George r. Koch, will in no wis
been, proved that Sable was not relate
to the defend ant. It is doubtful if tt
matter would have been ie Exploited had
! progenitor of DIR. Koch ever been co
victed Of such crime. Senator Some
! vile, leading counsel for the defens
said today: 6ss, z;g-4asss..s 4a4s... 4.ga.
! EasItb has been proved that. this ms
/ Sable was Scandinavian. Senat
Samuel Lord, now Of Dodge count
was prosecuting attorney in Todd cou
tYWhen Sable was convicted Of ma
slaughter. He told me that he, remel
! bered the case very distinctly and tn
/ thesdefendant was Scand1navlan, WI
IS positive proof that the man was n
an uncle sor. any other. blood pod IS relative lat
81 Dr4Koeh.,1 & - .st.s Il IN.
General HChilds, when asked about t
case, said: "Oh, of course that will n
beaHmentioned in this trial. It is t
remote. I know nothing of the meri
Of the report ses# si35ea
Could Hear the Mods. t
The acoustics Of the courtroom a
bad and wires stretched across a pa