The herald-advance. (Milbank, S.D.) 1890-1922, 1905-01-27
DR.. KOCH MUST
FACE RfTRIAL
JURY is UNABLE TO AGREE AND
is DISCHARGED BY JUDGE
WEBER.
WILL ASK CHANGE OF VENUE
SECOND TRIAL WILL BE HELD IN
SOME COUNTY OTHER THAN
BROWN.
DR.. KOCH MAKES STATEMENT
lNTiMATES THAT SOME OF THE
JURORS WE'RE PREJUDIcED
AGAINST HIM.

New Ulm, Mimi, Jan. 22.-Dr. Geo
K. Koch will have to undergo a retria]
on the charge of numbering DR.. Louis
A. Gebhardt. The second trial in all
probability will be held in some coun
ty other than Brown, for it practically
was decided yesterday that a change
of venue will not be seriously opposed
by the attorneys for the defense, pro
vided the case is sent to some county
acceptable to them.
The jury yesterday morning report.
ed that it could not agree on a verdict
and 1t was discharged by Judge Web
Der. The final vote stood 9 for acquit-
tai and 8 for conviction. Who these
three Jurors are is a matter of consid-
cradle discussion in New Ulm, but SO
far nobody outside the jurors them
selves has been informed. The jurors
have taken a joint pledge that the
vote of each would not be divulged.
First Vote 7 to S for AcquittaI.
The first vote taken by the jury re-
suited in 7 for acquittal and ) for con
viction. This division is said to have
continued until Thursday morning,
when one of the jurors in favor of
conviction was won over. Later in the
day another switched, but no manner
of argument or persuasion could
change the other three, and it was
finally decided to report a disagree
ment.
The change of venue will be asked
by the state, Judge Childs announcing
in court hat such a motion will be
made. Judge Weber minated that
the motion will be granted, and he also
indicated hat he is DESTROYS of send
ing it out of the Ninth district.
The attorneys for the defense We're
anxious for a retrial at the present
term of court OF at a special term to
be held in February. This was not ap-
proved by the court, who denied both
motions.
Think Bail Will Be Denied.
There is some question whether DR..
Koch will have to remain in jail pend
ing his retrial. His attorneys moved
that bail be allowed, and were opposed
by Gen. Childs. The general opinion
is that the judge will deny bail.
When court adjourned just before
noon it was with the understanding
that the attorneys should get together
in conference to agree if possible, on
a county to which to send the case
,,,J T., rDnorf IN count tbic ronrpipo
such a conference was held, but moth
ing definite was accomplished. Prop
ositions were made on both sides, and
1t was finally decided to hold the mat
ter open until Jan. 28. Meanwhile the
attorneys will endeavor to come to an
agreement.
Among the counties suggested are
Redwood, Lincoln and Lyon, in Judge
Webber's district: Blue Earth and
Watonwan. in Judge Gray's district;
Waseca, Steel and Dodge, in Judge
Buckman's district.
Jury Sends Word.
Judge Weber yesterday morning
was in chambers early, expecting
some word from the jury room. Short
ly before 9 O'Clock n of the bailiffs
arrived to that the jury was
ready to report. The attorneys were
called by telephone. Sheriff julius
was directed to bring in the defend
ant, after which the jurors filed into
the DON
The attorneys and spectators
showed more concern than did the de-
PENDANT. DR.. Koch displayed little or
40 emotion.
The jury's report was handed to
Judge Weber, who read it carefully.
Gentlemen, are you unable to come
to an agreement" the judge asked.
1--WE are" responded Mr.. Penning.
There is no possibility of an agree
ment being reached by you?"
mo, sir; it will be impossible for
us to agree
Judge Weber thanked them for
their conduct during the trial; re-
ferred to the expense borne by the
county: thanked the attorneys and
newspaper men for courteous treat
ment. and then announced that the
Jury was discharged.
Dr.. koch's Statement.
THE failure of the jury to come to