The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

any reason" asked Gen. Childs, "why
you could not try the case fairly and
impartially and decide according to the
evidencef" mo, sir" replied the juror.
The state had no challenge, and Mr..
just was sworn as the eleventh juror.
Mr.. just is farmer, about forty five
years of age. 's -
Daniel Williams of South Bend was
called and the defense challenged for
challenge.
Morton M. Clough of this city, for
merly of Garden City was not challeng.
ed by the defense. Answering the state,
Mr.. Clough said that he has retained
Mr.. Clark in controversy from which
litigation may arise. The state challeng
ed for implied bias. Mr.. Clough said
that he has conscientious scruples
against the death penalty, and it would
take more than circumstantial evidence
for him to base verdict of guilty upon
it, even if the court charged that the
punishment was matter for the court
alone. He would want to be convinced
beyond possible doubt. The court
found the challenge true. Mr.. Clougn
would have been accepted by the state
but for his scruples about punishment.
A recess was taken until 2 p. m.
The following is the list of names on
the special venire returned this after
noon: VIM. r. Thomas, Joseph Hook,
Jacob Rauch, Frank w. Wenner, Frank
A. Neubert, Martin McFIale, Michael
Wagner, Albert Hagerman, VIM. Witt
trock, Columbus Ballard Jr., Leon T.
jefferson, Gust Anderson, j. A. York,
Allen H. Saylor, Morgan Brooks, John
Deglemann, Charles n Fuller, Henry
Huettl, John Mccall and Persy S.
Miss Emma Gerhard, who is attend
ing the trial, is teacher in the School
for the Deaf at Milwaukee, and is very
refined in appearance. She will be pres
ent only during the present week. She
last saw her brother in August. She
stated to The Free Press reporter this
afternoon that she never heard that her
brother, the late DR.. L. A. Gerhard, had
an enemy. He never wrote to her any
thing of this kind. Miss Gebhardt did
not attend the New Ulm trial.
Among the states witnesses present
at the trial this afternoon were Dr.
Weiser and DR.. Fritze and Druggist
Pfefferle, all of New Ulm.
f. f. Schunmelpfenning was the first
juror called this afternoon. The triers
found the challenge not true, and the
defense challenged peremptorily.
Soren Nelson was challenged by the
defense for actual bias. He said that
he has an opinion, but not decided
one, and could try the case impartially.
The triers found the challenge true.
Jacob II. Schwickert was challenged
by the defense for actual bias.
This exhausted the special venire.
The roll of the fifth venire was called
and all were found present. None of
them asked to be excused. The list is
made up largely of farmers.
William Wittrock, Columbus Ballard,
Gust Anderson were challenged for eth
er actual or implied bias, and they were
retired in succession.
Albert Hagerman, young farmer
who lives on the Mapleton road, was
not challenged by the defense. The
state had no challenge, and Mr.. Hager-
man was sworn as the twelfth Juror.
The long siege was over and every
body heaved a sigh of relief. 1t was
ESQ p. m. when the juror was select.
ed. Mr.. Hagerman is twenty-five years
of age, and is smooth faced and of boy
ish appearance.
There were l43 jurors examined in
all, and IA excused, making Isl sum-
moned 5,...
A ten minute recess was taken, and
then at 3:05 p. m. Gen. Childs opened
the case to the jury for the state,
outlining what it was intended to prove.
The taking of evidence will begin to.
morrow morning.
Claims He Saw the Murderer.
Yesterday a story was circulated to
the effect that farmer living near
Mankato stated to q resident of this
city that on the night of Nov. last
he was in New Ulm and was near the
scene of the crime. He stated further
that he saw man leap from the win
dow of DIR. Reineke's office, seize the
electric light wire and slide to the
ground. This man he thinks was the
murderer of DR.. Gerhard. The farm
story to a resident of Mankato vino
later put County Attorney Wilson
"wise." 1t is not likely, however, that
the farmer will be called to the witness
stand as it is not thought that he can
throw any light on who the person was