New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-07-12

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connected with the case. The bad feel
ing aroused prior to the arrest, which
was made on Dec. 8, 1904. still exists
to a large extent.
DR.. Koch was tried upon this grave
charge on Dec. q, 1904, in the district
court of Brown county, before Judge
Weber, at New Ulm, and the jury,
after a lengthy deliberation, could not
agree, there being nine for acquittal
and three for conviction The jury was
then discharged.
DR.. George r. Koch was again tried
on Wednesday,, April 10, 1905, for the
second time upon this terrible charge.
His fate rested with a jury from Blue
Earth county. The scere was an en-
tirely different one from that of the
first trial, when a jury of twelve men
failed to agree on a verdict.
The defense closed the case at l 30
p. M, May Il. Arguments opened at
1:s5 p. M, Thursday, May IL, and
closed at 1885 a. M, Saturday, May
-. The jury disagreed on the second
trial, the vote being five for conviction
and seven for acquittal. DR.. George
r. Koch was then released on $780,
600 bail bond, and at later session
of the district court the third trial was
set for July s, at a. m.
Judge Cray opened court promptly
at 9 O'Clock and very little time was
lost in getting down to business.
Coroner Kennedy has full charge of
such affairs as usually devolve upon
the sheriff in the conduct of court
This was brought about by the filing,
at the last trial by the defense, of an
affidavit of prejudice against Sheriff
/ Williams. Attorney Somerville en-
deavored Thursday morning to have
| that official reinstated in the case, but
was unsuccessful, Judge Cray ruling
that this motion had been delayed too
long. The coroner had made all pre-
parations for his conduct of the case
and at a great deal of expense and
trouble and the court did not think it
right Or proper that he be turned out
at the eleventh hour.
i Coroner Kennedy has appointed as
his deputies and bailiffs the following
| gentlemen: John F. Osgood, Garden
City; T. G. Peart, Axel A. Eberhart,
d. P. Rutan, F. L. Soaring and r. C..
Hill of Mankato.
! Following the custom at the last trial
the jurors will be in charge of officers
all the time. They will sleep at the
court house on cots to be provided by
the coroner, and that official has ar
ranged to supply them meals at the
home of j.. H. Moore, just opposite
the court house.
In addition to County Attorney Will
son, Judge VIM. F. Hughes will assist
Gen Childs in the conduct of the case
for the state.
Juror No. l was secured shortly be-
fore noon on Thursday in the person
Of William Schaefer, farmer of Lime
township. He stated he had no con-
scientious scruples against capital
punishment and said it made no differ
ence whether the evidence was circum-
stantial or not. --.-
George B. Bartlett, a farmer OF
Garden City, was challenged by the
defense and stated he had formed an
opinion. When asked by the states
, attorney if his opinion could not be
laid aside, he replied, "You will have
to produce better evidence than you
) have SO far" The states attorney
very promptly admitted the challenge.
5 Twentyfour jurors were examined
up to the time that the court took a
recess at 1885 p. m. This exhausted
8 the regular panel.
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