davidaulloa/AmericanStories huggingface dataset:
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
No Hope of Agreement.

The jury, after it went out at noon
Saturday, discussed the Kocn case rath-
er heatedly for time, and then the
deliberations of the twelve men settled
down to a calm discussion of the evil
dence in the case. This continued all
day, and at lO:l5 p. m. being unable
to agree, the jurors filed to their Sleep
ing room and retired.
Yesterday morning the jurors were
astir early, and the day was spent in
discussions. deadlock had developed,
and neither side was able to make any
gains. Towards evening laughing could
be heard by those in waiting on the
outside, indicating that the jury mad
given up the discussion of the case and
was killing time. The jury retired at
the usual time last night.
After the jury had had its breakfast
this morning, it sent word to Judge
Cray, who was in his office, that it
was ready to come in. The attorneys
and court officers and the defendant
were summoned, and at $3.50 a. m. the
jury came in.
"Have you agreed upon verdict,
gentlemen" asked the court.
''No, sir" replied Foreman Wilcox.
"Have you any requests to maker"
"No, sir"
"Is there any question of law that
you disagree about?"
"No, sir"
"Do you disagree as to the facts,
then?'
"Yes, sir"
"Are you not able to reach verdict %
mo, sir"
''What reasonable chance is there for
your getting together"
Il do not think that 1t is possible for
us to come to an agreement"
Replying to further questions from
the court, Foreman Wilcox said that
the jury stood seven and five, and that
the vote had not changed in the last
eighteen hours. Which way the vote
stood was not indicated, as the court
asked Mr.. Wilcox not to state it,
''Don't you think that you would be
able to agree upon a verdict after de-
liberating further?" asked the court
81 do not" replied Mr.. Wilcox.
The court then asked the same
question of Juror Anderson and Juror
Stewart and each gave it as his opin-
ion that they could not. He then ask
ed whether there were any of the jur-
ors who were not of that opinion, and
none of them made reply.
Sent Out For Further Deliberations.
The court called Attorneys Abbott
Somerville and Childs in consultation,
and afterwards he addressed the Jury
and said: "You are as conscious as
the court is of the great expense the
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
DR.. Koch JURY FAILED TO AGREE
Men Returned Into Court Monday Forenoon and Were
Discharged by Judge Cray--Anot1er Trial in June.

| trial has been to Brown county, and
what the county will be put to if anoth-
err trial is necessitated 1t is very i'm
portant that an agreement be had by
this jury, if it can be reached without
violating any of the conscientious scrup-
les of the members. 1t is your duty to
make an honest effort to harmonic
your views to the end that if just and
proper verdict can be reached it can
be done. If any personal feeling has
arisen as result of your comparison
of views it should be laid aside, but
apprehend that there has been nothing
of the kind. You may retire and DELHI
crate further"
After the jury had retired, the court
ordered recess until ii a. m, stating
that he would have to 90 to St. James
on the l2:l5 p. IN. train to open a term
of court there, but if there was any
prospect of the jury being able to agree
lie "ouhu heeP IL o"o anu "ohu colIe
back to receive its verdict. He asked
the attorneys to be present at ii a.
IN.
Dr. Koch sat with his brother-in law,
Henry n. Somsen, and both appeared to
be disappointed when the jury said
! that it did not think an agreement pos
sible.
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
Jury Discharged.

When eleven O'Clock came, Judge Cray
entered and took his chair and said:
"ALr. Sheriff, summon the jury" The
Jury filed in moment later, the roll
was called, and the court then wheeled
in his chair and spoke.
Gentlemen, have you any report yet
for the court?" he asked.
mo, sir" replied Forman Wilcox.
''Has there been any change in the
mind of any of the jurors, or in the re-
suit of the ballot?"
at stands the same.'
"What is your opinion now about
your being able to agree?"
81 think that it will be impossible to
sypsne to an aggeement."
''Has any member of the jury any
little hope that you might by further
deliberati be able to reach an agree
ment? If so, please indicate it."
There was no answer to this, and
Judge Cray said that it seemed to be
the opinion of the jury that it could
not agree 1t had been out nearly for
ty-ei9ht hours. He asked the attorneys
whether it was their wish that the jury
be sent out again.
Gen. Childs and Mr.. Somerville both
said it was not, and they gave their
consent to the discharge of the jury.
The court then addressed the ury,
saying: 81 will discharge you from fur
Their attendance upon this case and upon
the term of court. The patience with
which you have listened to the evidence
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
4No7u;n AraY

whether bond might be furnished or
not. He suggested that the matter be
argued this evening, SO that the defend
ant need not have to remain in Jail in
case the application for bail was grant
ed He did not think that the defend
ant ought to be confined to jail for a
of the state.
Gen. Childs said that it would not
be prudent to assume that the present
bond could remain in force by revoking
the order of commitment, in a matter
that was so grave as this. AS to the
second proposition, he desired to be
heard fully.
MIR. Pfau said that the defendant was
not in his present position by reason of
any act of his. If the court is to use
its discretion it could use it as well to-
day as week later.
The matter was discussed at some
length and Judge Cray said that it
would be impossible for him to hear
the arguments on the bail matter to-
day. 1t was agreed that this matter be
taken up next Monday morning at eight
O'Clock, and also that the time for the
third trial be considered at that time.
The court ordered a recess until Mon
dav next at a. m.
] Gen. Childs states that he will oppose
any effort to nave the defendant admit
| ted to bail again. The attorneys for
the defendant are very much put out
over this, as they say that the state
wants the defendant to become paled
out and look more like criminal at
the next trial.
The Next Trial
| The third trial of the case will be had
in June if the attorneys remain in their
present attitude. Both County Attor-
nev Wilson and Mr.. Abbott stated to-
dav that the case will undoubtedly come
on for trial in June
''Will it be tried in Mankato AGAIN."
asked the reporter.
Eyes, sir, it WILL replied Mr.. Abbott,
promptly and decisively.
There is reason to believe that the
case will follow the regular term, which
begins early in June and will continue
some three weeks. This will bring the
case on during the hot months of the
summer.
How the Jury Stood.
Members of the jury were asked after
their discharge whether the seven votes
were cast for conviction or acquittal,
but they replied that they had agreed
among themselves that they would pre-
serve this as a secret. They also de-
clined to say how the first ballot stood
or how many ballots We're taken.
! Later it was stated that the jury
stood seven for acquittal and five for
conviction, but there were rumors to
the contrary, but the burden of proof
seemed to favor the vote as stated
above.
The members of the jury were very
glad to be released from their long and
combining service. When they drey their
pay warrants and took their overcoats
and bundles and left the building they
drew an air of relief Juror Waddell,
having been the first drawn, served the
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19

Regarding the memorandum book of
the late DR.. Gerhard, the Minneapolis
Journal has the following:
Now that the trial has ended, it is
notable that one feature which the de-
Tense made much ado about some time
ago never saw the light of day. That
is DR.. Gebhard's memorandum book The
defense called loudly for that, saying
it might indicate who killed the dentist.
Perhaps among the appointments jotted
down therein would appear the name of
the man who went into the office that
night and slew Gebhard; or perhaps
some one whose name was down for
Nov |, 1904, had heard Dr. Gebhard
say whom he expected to call upon him
that fateful evening.
This book was in possession of Al
bert Pfaender, attorney for the execu-
tors of the Gerhard estate. In that
position he could not give over to any
one, least of all to the men represent
ing the man accused of the murder, any
property of the estate without an order
of the court Because Mr.. Pfaender was
associated with counsel for the state,
the defense iaferentially charged that he
was secreting evidence that might vim
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19

in this case is worthy of commentator,
and your department and discretion
have been above criticism. You are more
to be commended tnan any other jury
that has served since have been on the
bench. Gentlemen, you are now dis
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
Will Oppose Bond.


Judge Cray asked what was to be
said as to the continuation of the bail.
Mr.. Abbott said that he had not
found anything bearing directly on the
question of bail. He presumed that the
commitment of the defendant to jail
had resulted in vacating the former
bond, but if the court was to revoke
mis- order of commitment it might re-
store the bond, but if not he would ask
to be permitted to bring the signers of
the former bond from New Ulm so
that new bond could be furnished and
approved by the court. He knew that
it was discretionary with the court
The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
MONDAYS PROCEEDINGS

DIR. George r. Koch, accused of the
murder of Dr. l.. A. Gerhard, at New
Ulm on the night of Nov. lst last, will
nave to stand third trial, the second
Jury called to decide the case, having
disagreed. The jury is rumored to
have stood seven for acquittal and
five for conviction. Judge Cray
discharged tine twelve men at
eleven o'clock this forenoon. The mat
ter of releasing Koch on bail will be
decided by Judge Cray on Monday
morning next Meanwhile the defendant
will remain in Jail.
DIR. Koch has been spending the time
since Saturday rather impatiently
waiting news from the jury Yesterday
his apartment at the county Jail was
filled with flowers. Numerous hand
some bouquets were handed in at tne
sheriff's office for him, and some of the
flowers were exquisite. They were hand
ed in by his relatives and others who
have taken an intesest in the case.
DIR. Koch yesterday asked that no
one be allowed to see him except his
relatives, and this was carried out to
the letter. Some of his relatives were
with MIN nearly all day.
Judge Cray's instructions to the jury
are conceded by the attorneys on both
sides to have been fair and impartial
Judge Cray has tried the case in a
very satisfactory manner. He has been
prompt with his rulings, and kept the
attorneys at work and frowned down
any unseemly squabbling. The case was
tried with very little friction. The at
torneys, on their part, were deferen-
tial toward the court, and there was
very little attempt to give back talk
or argue with the court after ne had
passed upon a point. In giving his
charge to the jury, the court was visib-
ly affected.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-31
ga SPECIAL EUROPEAN COLUMNS. 90
FOREIGN Resorts.
HOTELS IN SCOTLAND.
BIRNAM HOTEL, BIRNAM SCOTLAND.
ON The ROYAL ROUTE TO BRAEMAR.
Unner Norwood Oueen's Hotel.

Tariffs of Hotels full PARTICULAR ns TO routes
nay be had sat the European Offices of THE Irlbune
( 1I9 Fleet Street. London.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-31
Hotel Continental,

Most and comfortable hotel in Paris. HeaIs
lest Ioc tion and finest view overlooking TUileries
Gardens. steam throughout. 200 private bath
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-05-31

Near Crystal Palace London Heathest situation In
England Lovely gardens. Boarding terms from ~. %
day. Special large parties Convenient
train service CITY End London.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09
BREAKING TRAIL
In the Frozen Wilderness is the Mean
est Of All Tasks.

From Scribners Magazine
To break trail is to pack with your snow
shoes the soft and uncrusted snow into
more solid path, so that the dogs and the
tobogganS may be brought forward to
where you make camp. Even the snow
shoes, two feet in width, sink a foot or
eighteen inches at every step. The snow
crumbles and piles in on top of the web,
SO that you have to tear each step with
wrench and kick and a cloud of frozen
white. You go forward. you rest, you go
forward again, forcing your way laborious-
ly through no one say how many feet
of snow. The WEAKNESS enters into the
very marrow of your bones. The snow
shoe strap moves back and forth just
enough across the moose-hide moccasins to
gall the foot to the flesh of the toes the
muscles across the instep ache with knife
like cuts with every step as you lift the
heavy weight of snow that covers the shoe
out of sight
1 remember the first day out we stopped
midway across the lake to rest. The guides
dropped the tump-nne from the forehead to
their shoulders, cut some tobacco from
plug, rubbed 1t between their hands. and
filled short black pipes. The dogs lay fiat
on the snow and bit and chewed at the
solid Jumps of ice that had gathered on the
paws. With the handle of my ak scraped
from my shoeshoe the frozen masses Of
Ice that had gathered under my moccaslns
and were wearing bisters on my feet. We
rested here only few minutes. and then
the bitter cold drove us on again, for no
man dares to stop long in such tempera-
ture.
This breaking trail is very picturesque to
outside observer. Oftentimes afterward,
when. unincumbered, had gone on ahead.
l would stop and turn and watch the
guides-black pigmies struggling through
the boundiess stretch of white, with their
heavily loaded toboggans in great clouds of
snow. With their shoulders thrust forward
nd fhaj n
would swing along at an even stride across
the level expanse of frozen snow, broken
only by the thin line of trail stretching
behind them off into the distance. and by
the many still narrower tracks of the fox
criss- crossing here and there on the smooth
surface.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09

knees and the other midway between that
and the foot The trimming line follows
slight curves. and over the gathers in the
lace Is placed fold of mimosa colored
chiffon velvet.
Instead of the regulation square or round
decolletage this comes well over the
shoulder and makes a point in the mid
die. 1t is outlined with band of the
chiffon velvet from which falls gradu-
ated frill of the double edged lace. 1t
crosses from the right to the left side and
continues down to the bottom of the bo-
dice en- cascade. The bodice is gathered
in at the side seams so that it appears
to be laid in horizontal folds, buttoning
the left side with four velvet-covered disks.
The puffed sleeves of the glace silk come
to the elbow and have a fancy cuff with
lace and buttons for finish
There are rumors that the dainty and be-
| coming Louis Quinze coat is disappearing
from the wardrobeS of the ultra fashion,
able set. 1t is a trife heavy looking for
summer, of course, but 1t is SO smart and
so effective that the news seems sad in
deed. In it's place there will be the plain
and fancy paetot and many very long red
ingotes, both of lace and silk.
The fad for all-over embroidery, which
was first felt in the change in separate
blouses, has been carried still further,
until now whole gowns and even
costumes with coats made up of solid
handwork in rather conventional designs.
Such coats are generally long and loose,
with an elaborate use of rare lace wher-
ever such trimming can be artistically
placed.
In a very pretty dinner gown there is
an effective example Of spiral trimming.
1t rolls about the foot of the gown in
wonderful manner. Mounted as 1t Is upon
a shade of porcelain blue taffeta to match
the silk lawn gown material, there Is not
the slightest break in the long sweeping
lines of the skirt until within ten inches
or so of the foot. Then across the front
breadth alternate equally wide bands of
porcelain blue lace and puffs of the silk
lawn five in all. AT the sides of the fronts
the lace and puffs form themselves into
large scrolls spirals curving forward
and growing larger they go toward the
| back. The silk puffings are edged with
tiny blue silk passementerie, and in the
spaces left by the circles fril of blue
lace to match the other Is set on to fill
| in the gap.
The bodice is plain draped one, with
a deep bertha made of puffs and lace COM
ing low over the bust and shoulders. A
tucker of blue chiffon makes the decolle-
tage less low, and the sleeves come just
to the elbow, where they have frill Of
lace finishing the rather small puff of silk
lawn.
A novel evening wrap takes the form of
a cape The suede cloth Is tucked cross
wise each side of the front and trimmed
| on the edge with a fancy band of white
braid. The cape reaches longer in the front
| and the back, coming very short over the
arms 1t has Sits through which the
hands are to be thrust, and 1t closes with
a white cord and tassels.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09
Tax on Bachelors.
From the Cleveland News.

From the Cleveland News
Another one of the surprisingly old prof.
ects that has recently cropped out again Is
the proposed tax on bachelors. The idea
Is gray with age. and. as far as effective
ness In the correction of evils is concerned.
is about as inefficient as 1t Is old. Bach
elors. as candidates or probationers for
marriage, have formed the subject for leg
islation from the earliest times. Penalties
have often been imposed on male celibates
in various countries. In proportion as the
interests of the state were regarded as
above those OF the individual the enforce
ment of marriage was the more severe. In
ancient Sparta 1t was coffsidered a punish
able crime not to marry or to marry too
late In life In Athens, though not severely
punished celibacy was discouraged in early
times
At Rome marriage was fostered by posi-
tive penalties imposed on unmarried men
and sometimes even on women, as well as
by discrimination in favor q heads of fam
lies. In the allotment Of the Campanian
lands by Julius Caesar portions were given
only to the fathers Of three or more chill
dren. Under Augustus q law was enacted
prohibiting unmarried persons below the
age Of sixty In men and nifty In women
from taking possession Of legacy, and this
was applied even to widows, who, In order
to secure their part OF their deceaSed hus-
bands estates. were fOrced to marry again
wlIlln period Of two years
Thsre are numerous instances In Great
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09
Grateful Husbands in India.
From the Montreal Star.

From the Montreal Star.
When white pee ,e do things for native
races the gratitude of those ministered
unto is sometimes quite touching. The an
nual report of the Hospital for Women at
AlIahabad gives i couple of certificates
which illustrate at many a grateful heart
beats beneath a swarthy skin The first is
from a husband whose wife had been ex-
perimented upon at the institution. He
writes:
Dear She: My wife has returned from
your hospital cured. Provided males are
allowed at your bungalow, I would like to
do you the honor of presenting myself there
this afternoon. but 1 will not try to repay
you-vengeance belongeth unto God. Yours
noticeably, -
But what doctor would not treasure so
eloquently expressed a token of gratitude
as this:
Dear and Fair Madam: I have much
pleasure to inform you that my dearly un-
fortunate wife will be no longer under your
treatment, she having left this world for
the other on the night of 9th ult. For
your help in this matter 1 shall ever re-
main grateful Yours reyerently, -"
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09
The Theater Hat and After.
to Pail Mall Gazette,

Paris Letter to Pail Mall Gazette
Now that the battle of the theater hat
has been fought and won it Is the moment
to look around and count the advantages
of victory. Go into any theater and you
will be struck with the Improvement in the
appearance of the auditorium. In place of
monstrous creations of lace and feathers
balanced upon the feminine head are dimin-
utive caps nesting among the tresses, or
mere bows of ribbon harmon ling with the
color of the hair. Ornaments and costly
jewels CLEAN and sparkle above fair brows.
and the fashion has brilliance and pic
turesqueness that belonged never to the
old-time massive style of hat. 1t is hardly
to be expected that all the modistes should
appreciate the change-many do not But
the coiffeurs are delighted; 1t has meant
the revival of old and elaborate forms of
dressing the hair. The jewelers.. likewise.
derive benefit from a mode which lends it.
self to pearls and diamonds.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09
Oddities of the Human Body.
the Indianapolis News,

From the Indianapolis News.
The two sides of persons face are never
alike The eyes are out of line In two cases
out of five, and one eye is stronger than the
other in seven persons out of ten. The
right eye is also. rule, higher than the
left. Only one person in fifteen has per-
feet eyes, the largest percentage of defects
prevailing among fair-haired people. The
smallest interval of sound can be distin-
guished better with one ear than with
both. The nails of two fingers never grow
with the same rapidity, that of the middle
finger growing the fastest, while that Of
the thumb grows slowest. In 81 cases out
of 100 the left leg is shorter than the
right.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09

Britain of taxes being imposed upon bach
elors and widows, with a view of fncreas-
ing revenue, however, rather than for any
other object. In France, where the aues-
ton of depopulation has been of such serf-
Gus moment as to threaten the very pos
ton of the state among the great powers
made to impose taxes on bachelors, but
with little or no success.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-05-09

other end and it was to go alone or not to
get tilt is to this descendant of the agt-
tated female of fifty years ago that scant
sympathy is due. She thinks 1t ladylike to
be timid, not realizing that cogardice.
either in man or woman, Is a miserable, a
despicable flaw.
Could some one take this great grown-up
baby and tell her, after suitable eld-fash-
ioned punishment, that what she called
nervousness was nothing but temper, self
fshness and q determination to have her
own way. 1t might bring about sharp but
lasting cure.