davidaulloa/AmericanStories huggingface dataset:
New Ulm review., 1905-04-26

would vote that way if the court so
instructed him. Even If tae evidence
was circumstantial, if it vas strong
enough to convince him of guilt beyond
a reasonable doubt, he would vote for
conviction. The state withdrew the
challenge Mr. BOSWELL was accepted
as the sixth juror and was sworn. He
is a farmer of middle age.
]. B. Johnson of this city was call-
ed and said that he was not in very
good health, having heart trouble. He
had the last trouble two weeks ago.
The juror was excused.
George May of ST. Clair said that he
takes the Review, Post and Journal of
Mankato, but he was away and did not
read them much The defense challenged
for actual bias. The juror said that he
mad read ST. Paul papers. He had
formed an opinion as to guilt or inno-
cence, based on the articles he had
read, and has it still and had expressed
| it. He explained by saying that if the
articles that he read were true he had
an opinion. It would take some evidence
to offset the opinion. He said that
on the jury he would do mis- duty and
use his best judgment. Answering Mr.
Wilson, the witness said that the ar
Iticles that he read were contradictory
His opinion would not affect him as a
juror. He could try the case fairly
land without favor The triers found the
challenge true, after much consultation
This exhausted the first special panel
and the one returned this morning was
taken up.
G. FL. Piper of Garden City said thai
he takes the Free Press. Review anG
Minneapolis Journal, The defense chal
|lenged for actual bias and the state
ADMITTED 1t.
New Ulm review., 1905-04-26

i. .stSVxftxxss.tttN tsx.EstNsNt4txt4.t&sttt
terfere with his serving on the jury.
He could not try the case fairly and
impartially. The challenge was admit
ted.
Fifth Juror Selected.
w. e. Barnard of Mankato said that
he takes the Review and another paper.
He had not followed the case closely
enough to form an opinion. He knew
of no reason why he could not try the
case impartialIy. The defense with
drew its challenge for actual bias. The
state challenged for implied bias. Mr..
Barnard said that he would certainly
vote for conviction if the evidence
warranted it, regardless of the penal
| ty, if it was his sworn duty. The
challenge was withdrawn, and Mr.. Bar
nard was sworn as the fifth juror in the
case. Mr.. Barnard is a middle aged
man and drives the dray for the Cream
cry Packing Manufacturing company
He resides on State street.
| Guy NJ. Gordon of Eagle Lake was
called, and the defense challenged for
1actual bias. He read of the case in
the Minneapolis Journal or Tribune. He
formed an opinion at the time of the
New Ulm trial and he still has it. He
would hold the opinion whether he
heard evidence or not. The challenge
was admitted.
! Burr Charlesworth of lie Roy said
that he takes the Free Press. The de
Tense challenged for actual bias and il
was admitted.
Geo. T. Boynton of this city was chal-
lenged by the defense for actual bias
He was taking the Free Press and Re.
view. He formed an opinion after the
New Ulm trial and still has it, but il
would not prevent his trying the case
fairly. It would take some evidence to
eliminate from his mind what ne had
New Ulm review., 1905-04-26
venire in Mankato, Rapidan, Garden
City and South Bend. The following are

Venire in Mankato, Rapidan, Garden
City and South Bend. The following are
the persons summoned: E. D. Wilmot,
A. G. Hopkins, o. G. Lundberg, d. r.
Bowen, E. A. Gibbons, A. D. Scullin,
j. B. Richards, D. E. Crane, J. D.
Taylor, Daniel HaeneI, c. II. Piper, A.
R. Mcdonald, Ole Flo, Thomas T. Rodg-
ers, Z. a. Sherk, j. H Stewart, Severt
Olson, John S. Evans, Thos Dooley.
G. Z. Morrison, r. J. Mention, Emanuel
johnson, Harry Foatner, John A. VIII
son, I. a. Cary, e. A. Engwalson, Chas.
Kusch.
Mr.. Sherk was excused on account
of his health. Mr. Scullen was the
only one who did not answer to his
name.
F. NJ. Otto of Eagle Lake was the
first witness called this morning. The
defense had no challenge. The state
challenged for complied bias. The juror
said that he has conscientious scruples
against capital punishment that would
prevent him from finding man guilty
of crime for which death was the
punishment. Answering the court, Mr.
Otto said that he would not bring in
a verdict of guilty even if the court in
structed him to on the evidence
"You mean you would bring in a vef-
diet of not guilty even if you knew
that the man was guilty, do your
asked the court.
eyes, sir, I would" replied Mr.. Otto
"Well, you are excused" said the
court.
B. P. Robertson, a farmer living neal
Eagle Lake, said that he takes the Free
Press,st. Paul Daily News, and MinneaI
| oils Journal The defense challenged
for actual bias. The juror said that hi
had formed an opinion that would in
New Ulm review., 1905-04-26

Juror said that Pau s Pau are his
attorneys in matter now pending. He
nas CONSCIENTIOUS scruples against capi-
| tai punishment, and the evidence would
have to be very strong if it was cir
icumstantia1 evidence before he would
vote for conviction. Replying to Mr..
Pau, Mr.. Hopkins said that there is no
lawsuit now pending and he hoped he
would not have any. Pfau & Pfau are
his counsel but not retained in any
matter at the present time. He would
not follow the instructions of the court
teven if convinced beyond reasonable
doubt of guilt. The defense admitted
the challenge.
/ r. D. Wilmot of West Mankato was
called. He had read of the case in the
Free Press and st. Paul News. The
state challenged for actual bias. The
juror said tnat he has an opinion and
has expressed it. Replying to Mr.. Will
son, the juror said that he could lay
aside his opinion, he thought, and try
the case fairly and impartially An
sWering Mr.. Pfau, the Juror said that
it would take some evidence to over
come his opinion The triers found the
challenge true.
] The noon recess was here taken. Nei-
ther side used any peremptory chal-
lenges during the forenoon The state
has used two of it's ten, and the de-
Tense seven of its twenty.
DIR. Koch was cheered up today by
the presence of his sister, Miss Ida
Koch of New Ulm, and his cousin, Miss
Minnie Bangerter of this city. One sat
on each side of him in the court room
land watched the proceedings closely.
! Shortly after three o'clock j. H
Stewart of the firm of Stewart
Holmes was accepted as juror
Afternoon Session.
Frank j. Mention was the first to b,
called this afternoon. He was cha1
lenged by the defense for actual bia
and the state admitted it.
Emanuel Johnson, carpenter for
|. merly employed on the c. s. N. W
! road, was challenged by the defense TO
actual bias. The challenge was ad
mitted.
!. Daniel T Bowen of South Bend, for
mer sheriff and chief of police, was no
New Ulm review., 1905-04-26


knew of no reason why ne could not
serve on the jury impartially. The tri-
ers found the challenge not true. Mr..
Severson said that he would regret to
find man guilty on circumstantial
evidence where the punishment is death.
The state challenged for implied bias.
Mr.. Seyerson was examined at some
length, and he stated that it would
pull hard upon him to convict on cir
cumstantial evidence where the penalty
was death.
81 nave read so many stories where
men, Mr.. Seyerson started, but
was interrupted by an objection by
the state.
Replyl- 9 to the court, Mr.. Seyerson
said that he would not hesitate to
abide by the charge of the court in the
case, realizing that the jury has no
voice about the punishment. Mr.. Sew
erson was accepted by both sides and
was sworn. He was the fourth Juror
secured.
Perry M. Morris of Eagle Lake, a
clerk, was challenged for actual bias,
and the challenge was conceded.
B. T. Ray of this city said that he
had heard and read about the case, and
the defense challenged for actual bias.
He had read about the case in the Free
Press and Review He had formed an
opinion and it would require some eyi-
dence to offset this. Replying to Mr.
Wilson, Mr.. Ray said that if new evi-
dence was introduced he might have
another opinion from the one he nad or
the evidence taken at the New Uln
trial He could try the case impartial.
~. The triers found the challenge true
Chester Hanson Of Deeoria said that
he takes the Free Press and a Nor.
wegian paper, and read of the case
The defense challenged for actual bias
The juror said that he had read and
talked about the case, but had no opin-
ion as to the guilt or innocence of the
defendant, except what was based on
what he had read. He could try the
case impartially. The triers found tne
challenge not true. The defense chal-
lenged peremptorily.
The Second Venire.
Coroner Kennedy served ths second
New Ulm review., 1905-04-26

Out of the twenty selected from the
city there were but two, and one of
these was excused on account of mis- age
and the other was disqualified on ac-
eolunt of his strong disposition against
the death penalty. Out of the thirty
selected from the country, only four
we're from German extraction. The at
torney stated that the defense wants
to get German-Americans on the jury,
but as long as there were so few of
these on the list it was next to impos
sible to do so.
While there have been reports spread
to the effect that there is going to be a
lot of new evidence introduced, the at
toTneys on both sides stick to the state
ment that the case in this city will be
practically repetition of the New Ulm
testimony tied down little more
closely and definitely, particularly in
reference to the alibi The defense viii
have more evidence on this point than
it had at the New Ulm trial, and posi-
bly, the state viii also.
In examining the jurors as to their
qualifcati tions for service, the attorneys
change off. One will examine a few,
and then another will take up the task.
The size of the audience increases as
the trial progresses, and the afternoon
sessions are particularly well attended.
Yesterday Afternoon.
John G. Gjervig, a Decoria farmer,
was called and was challenged for ac-
tual bias. He said that he had no
opinion and that his mind is absolutely
free from prejudice. He was examined
at much length by the defense, partly
as to his general qualifications, such as
understanding the language, etc. The
triers found the challenge untrue. The
defense challenged ON general qualif
cations, and the court held the chal.
lenge to be untrue. The defense then
used its sixth peremptory challenge.
Mic Phillips and Henry Himmelmar
Sr. were called, but had been excused
o. T. Seyerson Selected.
o. T. Severson of Medo was called
and said that he takes the Free Press
and Minneapolis Tribune. The defense
challenged for actual bias. The juror
had formed an opinion and has it still
It was not an abiding opinion. Replying
to Mr.. Wilson, the juror said that ht
New Ulm review., 1905-04-26

-. L. q BnOWN
! X = !. ! !. !. ! ! !.
.swering Mr.. Wilson, the juror said
that he might be able to lay aside his
opinion. The triers found the challenge
true
A ten minute recess was taken.
F. w. Force asked to be excused from
service on the jury on account of nery-
Gus neuralgia, with watch he was la
BILE to be attacked at any time. The
court excused him.
William Boswell Sworn.
William BOSWELL of st. Clair said
that he takes the Free Press and Re-
view. The defense had no challenge.
The state challenged for implied bias.
The juror said that he nas conscientious
scruples against capital punishment,
and he didn't know that he would vote
for conviction il the evidence convinced
him beyond Reasonable doubt. BE
New Ulm review., 1905-04-26
\ \ ]. !. !

*<k<,s = = y = 80 y = = = = = = = . =
Thomas L. Rodgers of Rapidan, the
miller, was called. The defense had no
challenge. The state challenged for i'm
piled bias. Mr.. Rodgers said tnat Mr..
Clark is his attorney in case now
pending. He said that he had no con-
scientions seruples against capital pun
ishment. The court sustained the chal-
lenge on the ground that Mr.. Clark is
an attorney for the juror.
Mr.. Pfau intimated that the law
didn't make that a ground,
| The court said tnat there were decis-
ions both ways and he preferred to de-
| eide it the way he had.
Mr.. Clark took exceptions.
Juror Number Seven.
Olof G. Lundberg of this city was
not challenged by the defense. The
state challenged for implied bias. Mr..
Lundberg said that he had no con.
| scientious seruples against capital pun
ishment, and none of the attorneys for
the defense were now his attorneys.
The state withdrew the challenge. Mr..
Lundberg said, replying to Mr.. Wilson,
that he knew of no reasons why he
could not try the case fairly and i'm
partially. The juror was accepted by
both sides and was sworn.
Gust. 7. Monson was called, and the
defense had no challenge. The state
challenged for implied bias. Mr.. Mon
son said that he has conscientious
scruples against voting for conviction
on circumstantial evidence, and would
not vote for conviction on such eyi-
dence. Even if he was convinced Of
1guilt he would not vote for conviction
where hanging was the penalty. The
challenge was found true by the court
| Adelbert G. Hopkins Of this city was
not challenged BY the defense The
state challenged for implied bias. The
New Ulm review., 1905-04-26

challenged by the defense. The state
challenged for implied bias. Mr.. Bow
en- stated that he had no conscientious
scruples against capital punishment.
The challenge was withdrawn and the
state challenged for actual bias. Mr..
Bowen had no opinion and said he
knew of no reason why he could not
try the case fairly and impartially. The
challenge was withdrawn, and the state
challenged peremptorily.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1848-1918, 1905-01-27
SelbItmoro uber ltnfaa?

gteW. Dorf, 81. Smunr. - ).
GiOgeluop @ri9bt, iriiber IN SilteS-
barre, ga, itarb bellte im Soipital
on elmer SduBlpltnoe, melhe er iid,,
luit i Dor ieinem 5ooe erflGrte, int
oSotel S5mperinl" 5uiGaig ieIbit BET
9ebro6t bate. Or Soparo q. Eor.
Dee, lpelher iidl 5ur 3eit oeS SorioaeS
in @rigbt'S @cieGidoit beionO, luurne
in l3eugenboit gcnommen, ip0ter je-
bod oui BoroIe bis morgen entIoiien.
Wrigbt lieoeIte Dor 5tpei Sabre BON
@ilfesborre nod 9tep. Oort ilber uno
ioq piel @elo our6 cine Sil6erminc
in Sene5ucIa Derloren boben Gor If
SSSabren mar er Diitglieo Der Ecnniul-
banter Se9ISlotlIr.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1848-1918, 1905-01-27
Wcmcinlnm in Ocn SOS,

ScIbitnlorO eiucS iuuacH G5cpoors
nod Ocn 6litteupoheu. - Stca-
oihein in eiucm Hoine5 6otel
uno 0iit - Gr mar Ieidtliunig
mo tic ciicriiicbtiQ
9clp Nprf, 90. Saulur gSt(s
liom Solicr, n Sabre ult umo ieiHc
i6m crit Dor : Olonatcu augctroute
Satin Gitcllc. gcboreuc Gore, mur
Den ludbrcnO ocr ucrqauQeneu Nuht
III einem Nuiuc8 Sotel, Gde ser
Eurt gIOcmue lno no StroBe ais
&eihen geflm0eH. gl0c llmit0n0e Otlt-
teteu borouf bin, ooB oic 8ciOcu 0ie
&ciic ms 0unflc Scnleit9 frrimilig
ontrotcn. 3uur tonnte in Dem Sim
mer tein Gjiftfldlhhcu cutocdt >uer
hclt abcr bie2Ietluun0Cu al ocu &ip
pen Der 9eocu bepieicn, OuB iie Star.
bol ueribiltt botteu.
Ger ouf 70 cntleBIib trugiibc@eiie
ans Dem Goieiu @cicbieocnc itauo in
0ienltcn ser o9teIu.Oort telephone
60" lIno mobnte bis Dor Mr5em
nit ieiner Wtlttter mo ieiuem Stief
poter in gfr. pa. 0it.44. SroBe, Ole
bon linn in ocn zoo qeriiicne, nod
niht 20.idbrigc 3Srau bel ibren 81
tern in gtr. 496, 3. gloemte. lIcbtr
oie Wtotipc oeS SroueripielS gaben
einiae 9riefc 9lltStlmit. meldc IN 0en
Goibcn bcS iunQcn MonneS gcflu
Den luur6cn. S5n ocnielben modte
linn icine foit nod finblibe Iru
&orluiiric boriibcr Dob cr Oeu Con
H$lnn ipielc lu0 9Inocrc ms Ebcutcr
fibre, ludbren0 iie ibr 2ebCu Der
trauerc. SSn cinem 2Intluorti6rci6en,
bo9 gleiCbfoaS in lciucm Bette &c
fln0en murOe, rcfticrtiqtc er ieiu
9encbmen NIT ser GrflGrlug, OaB
lie i'm ia, ga lic orbeiteu miliie, ont
gl6enO nicnnlS begleitcn fonne uno
er uidt ueriuuern moIle, neil er i6
rer @cicllid)oit, 6ie linn liebcr mdrc,
olS bieieIigc oIler nnoeren Ni00heu
heruubt lei.
gGie Scr 8eiiBer ocS SotelS crfl1rt,
fam onS Yaor on Nlithpo6 INN s
llbr uod Dem SoteI ilno crbielt ein
3inmer nngelpieien. llngefGbr iehS
Stllnben ipGter beItellteu Die 9eioeu
burh ooS Sprodrobr @etronfc lpel,
die i6nen BON Dem 3imncrfeuucr
GborIeS Sfienbo6 ilberbrodt luur-
Den, lmO leitOem IicBen iie uicbtS mebr
bon iidb boren 9o i6re louge Hu6e
Dem Better be8 @aitborieS pcr0Gb
tiq erIdbien lieB ocrielbe gcItcrH
glbeno Die Tbiir oeS @cmod)cS erbr1,
den unb fouo Die 9lrmeu innig mn
idIltngcn toot ouf Dem iSuBbo0en.
Vei0e uoren n0llig onaefIci0et iu0
Der aopf Der ilngcu Sroii ru6te oui
Der 9rtIt 6eS @otten. Sbgleid) ile
Ii6tlid) inter grdBliCben Guolen ge-
Itorben mnren, Oerfldrtc eiu 2Gdela
Die 3ige 9eioer. 9(aem 9lnihein
nod botteu lie Giiiie getollid)t, ebe
ibr Seben entflob. Der glr5t elmer
roid) reqllirirten glm6uIon5 fonntc
mlr conitotiren, Dab ole iltngeu 2eute
minoeItehS ~, uber mobriheiulid1 81
Stunoen toot muren. Die 6lolchc,
aus ueI6er iie Den Soo tronfen
fonnte bis ieBt BON Der Yoli5ci nidt
9eflmben luerben ooh Itebt nnh Der
9lniidt oeS GoroncrS ein 9oppeliclblt
moro ii6er ieOen 3lpeifcl felt.
Yer Gater Der Srou ertIGrte, ais
er bon Scr Irogooie in ScnntniB gc.
ieBt muroe, nit Sbrdnen IN Oen Pin
gen; oToS lit Der SlIh oe@ llngebor-
ioms. Die 9eioen perbeirntbeten iid
gegen meinen g8illen, ib babe ibnen
meinen Scgcn nidbt gegcbeu mo Der.
bot ibnen mein 9ans. TicIleidt bin
ih 5ll bart 81 itreng gelucien, ober
R'sl lGBt lid nidtS mebr du6ern.
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1848-1918, 1905-01-27

9oSboft - o9telllicb iu,lrSc id,
BEL meinem aIouierlpiel ilnnngenebn
geItort." - o@obl bllrd) oo5 Shnor.
6eh oer 3ub0rer
Der Deutsche correspondent. [volume] (Baltimore, Md.) 1848-1918, 1905-01-27

tcr9" ciu5uiiibrcH mo ,2lmericat
0riHfa" 3u popuIdreu @rejieu ans
3tihcnfcu.
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-16
Plan of Exchange.

It was evident to all the members OF
the committee that the best and surest
plan for an increased supply was to
secure the waters of Big and Little
Cottonwood and Mil creeks. How TO
secure these rights without purchasing
them, which would have been
beyond the financial abilities OF
the city TO do was a proposition
which was considered carefully for sew
eral months. 1t was finally decided
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-16

Another Injunction Suit.
Before the deed was made and de-
livered to the city, however another
injunctio, suit was filed In the district
court to enjoin the company from oper-
ating under the franchise granted ana
also to enjoin the city from accepting
the deed No final hearing has been
had on this matter but there was no
temporary injunction Issued, the deed
was delivered and recorded and Is now
In full operation and the suit VIII prob
ably be dismissed
Work Under Way.
The contracts for the construction OF
the Big Cottonwood conduit. Tor the
sewer extensions have been let and ac-
tive work on the same is now gong
on. Options have also been secured
on half Of the Big Cottonwood water
and the bonus money has been paid. The
conduit Is to be of concrete and VIII be
seven miles In length, running from
Big Cottonwood to Parey's canyon
where 1t will connect with the present
city conduit and thus the waters VIII
be conveyed into the city's system.
To Build Big Dam.
steps have also heen taken by the
council to cooperate with the utah
Light & Railway company to build an
immense dam at the intake to the new
conduit In Big Cottonwood and It Is
also very likely that the city will join
the Intermountain Power company In
the construction Of an immense stor.
age reservoir in Big Cottonwood for
the storage of the food waters of the
creek.
Canal for Creek Water.
Contracts OF exchange have been en-
tered into by the city with the farmers
who own one-half Of the water of Big
Cottonwood whereby the city agrees
to furnish them with an equal amount
of irrigating water from the city canal
which secures Its supply from Utah
lake, In exchange for the Cottonwood
water. In addition TO the exchange
Of waters the city pays the farmers a
bonus of $40 per acre for the land actu-
ally under cultivation by them.
In this manner the water Is secured
at a very nominal cost and 1t could
not have been secured at all otherwise
for the reason that the cost would have
been too great, It being estimated that
the water rights Of the farmers would
have cost at least sl0Ooo,ooo.
VIII be Finished July is.
Since the contracts for the construc-
tion work have been let everything
has progressed very smoothly and the
completion of the work BY July OF
next year Is secured Up to Dec. Is at
least So per cent OF the excavating for
the big conduit had been completed and
Of knl
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-16

that an exchange OF irrigating water
from the city's canal with the farmers
who secured their supply OF water from
the streams mentioned was the only
feasible plan, and the committee then
proceeded to secure options from as
many of the farmers as possible, and
II succeeded In thus tying up one-half of
the flow of Big Cottonwood and a part
of Mill creek and Little Cottonwood.
Bond Issue Fought.
The question OF securing sufficient
money with which to carry the plan
into execution was no small matter
and II was determined to ask the clti-
zens of the city to vote on a bond
issue OF sl,000,000 OF which amount
$3.50. 900 was to be used in the water
scheme and $4,000 for providing a
sewerage system for the southern part
of the city. Accordingly the commit
tee reported to the council on Nov. II,
1904 recommending that a special bond
election be held on Dec. 20. The report,
which also contained lengthy account
of the work of the committee and of
the plan proposed for the intended wa
ter and sewer improvements, was OPP
posed most bitterly by some of the
councilmen, and every possible attempt
was made TO defeat IT, The fight re-
, suited in the report being laid over I'M
til Nov, 81, upon which date 1t was
adopted after the date OF the election
had been changed to Jan, 3, 1905. The
ordinance providing for the special
election was passed on the same night
after considerable opposition by the
members who fought the report of the
committee.
Statements Submitted.
On Dec. 10. 1904. the committee sub
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-16

About this time the franchise matter
was brought up In the council and
caused the most prolonged and
bitter controversy that has oc-
CURED in the council chamber for
years. The opposition was such
that the matter was taken into court
by a citizen who asked that three
Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-12-16
Bond Issue Authorized.

At the election held on Jan. 3, 1905,
the water bonds were authorized by a
vote OF 1907 for the bonds and 1,OT
against them and the sewer bonds were
authorized by vote of l,26S for and
500 against them.
on Jan. IL. 1906 President Hewlett
introduced resolution authorizing the
recorder to advertise for bids for the
purchase Of the bonds. This also met
with the usual opposition and was laid
over for one week and finally adopted