The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-15
SEVEN VOTED TO
CONVICT Him
Jury Made First Report at 8 am.
Today and Was Sent Back
by the Court.
HOPELESS DIVISION
rs LATER REPORTED
Question Of Bail and a Third Trial
Next Month Will Be Set
tied on Monday.
Special to The journal.

Special to The journal.
Mankato, Mimi, May 15-For Sec
ond time jury has disagreed as to this
guilt or innocence Of DR.. George r.
Koch, charged with the brutal murder
Of DR.. Louis A. Gebhardt.
A third trial, which will be held in
Mankato, probably the last Of juno, Is
now under discussion and may soon be
agreed upon.
First Report at 8 am.
Just before 8 O'Clock this morning
the Jury fled in from It's room and re. {
ported it's inability to agree to Judge
Cray.
The vote, the foreman said, was to-
5, and in the balloting for eighteen
hours past there had been no change. !
No statement was made as to whether
the majority favored acquittal or cons
viction.
Judge Cray directed the jury to re-.
turn to its room and make another Ell.
fort to agree. He spoke Of the i'm
trial and told the jurors it was their
duty to agree upon verdict if they
could do so without violence to their
consciences.
The judge further said that he would
receive the jury again at IL o'clock
and It there was any prospect at all at
that hour for an agreement he would
send the jury back for further dehberas
ton.
Discharged by the Court.
Again at II O'Clock, after having
been out exactly forty-seven hours, the
jury reported that it was hopelessly di-
yided and was thereupon discharged by
Judge Cray.
J.
strong terms for the fidelity and care
with which they had followed the evil
dence and the determination indicated
to arrive at verdict if it were posi-
BILE. They had, the court said, per-
formed their whole duty and were now
free to return to their ZONES and voca-
lions.
Question Of Bond for Koch.
The young dentist defendant, disap-
pointed beyond measure, will be kept in
longer, as the state, consistent with it's
attitude at the close Of the first trial
at New Ulm, is opposed to his release
on bonds and contends that the bonds
furnished by him and under which he
has enjoyed his freedom several months,
have lapsed.
! The defense takes an opposite stand,
arguments Of both sides here on Mon
day next. It was impossible for him
to dispose Of the matter today, as he
was compelled to start at noon for st,
James to convene term of court for
| Watonwan county.
Third Trial Assured.
The question of a third trial was
brought up by Senator Somerville, who
asked if it could not be discussed on
Monday when the bail matter is to
come up. The court said it could, and
both matters are to be considered Mon.
| day next at 8 am.
| County Attorney Wilson and Mr.. Alb.
| bott both said in conversation that the
case would undoubtedly come on for
trial in June, probably following the
third trial there seems little doubt.
| DIR. Koch showed great disappoint.
ment on account of the second disagree.
ment. He had looked forward to ac-
quittal, and said soon after the jury
retired on Saturday that he would go
the practice of dentistry. He is par.
ticularly anxious to get out on bail.
/ The court took a recess until 8 am.
on Monday. Immediately DIR. Koch IS
relatives and close friends here, also
his attorneys, gathered around him. All
were downcast, but did everything
possible to cheer him up.
! How the Jury Stood.
It has just been learned that seven
Jurors voted for conviction.
Gave Up Hope Last Night.
Il At midnight last night the attorneys
for DR.. Koch, who had been hoping
against hope for a verdict OF acquittal
; practically admitted that an agreement
was impossible.
Judge Cray went to his chambers in
the courthouse twice yesterday and sent
word to the jurors that he was ready to
give instructions or to receive a verdict
but no reply was made from the jury
, room.
Dr. Koch has spent two anxious nights
, in Jail. Some Of his relatives were
with him all day Sunday, and in the
afternoon the pastor of the Lutheran
church, of which his relatives are mem
bers, visited the Jail and remained with
him long time.
Koch Angered.
( DIR. Koch would not discuss the case
i with the reporters. Once when asked
J if he expected an acquittal he showed
some anger and replied:
cit don't make any difference whal
4 I look for-that don It affect the jury
any. It's enough to know I ought tx
be acquitted"