The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-14
the case. This was brought out by Mr.
Is Opposed to Hanging.

trial, but had changed it after the sec
ond trial. The state admitted the chal-
lenge of the defense for actual bias
The defense did not challenge Daniel
Bosin of Rapidan, but the state chal-
lenged for implied bias. The juror de-
clared that he was opposed to hanging
and the defense admitted the challenge
Robert III. Norton of Garden City was
excused on the challenge of the state
The triers found that he had an opin-
ion The defense had no challenge Mr.
Norton said that he had had his opin-
ion since the first trial.
Henry Potts, living five miles east of
Mankato, was excused by both sides
for actual bias. August Kunkle of
Rapidan was not challenged by the de-
Tense. The state interposed a challenge
for actual bias Mr.. Kunkle said that he
would not vote to convict where the pen
atty was hanging. The united efforts
of the court and attorneys failed to
get much response from the juror and
he was excused by general consent after
some time had been spent.
George T. Swearingen, the Madison
Lake banker got off quickly because of
a strong opinion that he had formed in
the case.
Third Juror Secured.
Juror No. 3 was secured at eleven
o'clock, when Henry Heinzeman, the well
known Limetown dairyman was called
Neither side had challenge or asked a
question Mr. Heinzeman is about forty
years old
Frank Degelman, the Madison Lake
well builder, was challenged by the de-
Tense for actual bias. He had an opin-
ion, not very stong, but strong enough
to convince the triers that they should
find the challenge true.
Phillip j. Putrah of Rapidan had had
an opinion since the New Tim trial and
was excused by consent. Lawrence H.
Olinger of Mankato township had such
an opinion as excused him. Chas. n.
Johnson of Madison Lake was not chal-
lenged by the defense, but the latter
admitted the challegne of the state for
implied bias when the Juror said that he
would not vote to convict where the pen
atty was hanging, as lie did not believe
in fol ichr Io ho
viously said that he knew of no reas-
on why he could not try the case i'm
partially.
Was Slow to Comprehend.
1t took quite a while to establish the
fact that Joseph Klein of Lime had an
opinion that would disqualify him, as
he was slow to comprehend the questions
asked him. George McComber of Ma
pleton was not challenged by the defense,
but the state brought out the fact that
the Juror would refuse to vote to con-
Wet on circumstantial evidence where
the penalty was death. He would vote
to convict on direct evidence. He re-
marked that he did not see how circum-
stantial evidence could be as reliable as
direct. The court excused him.
Fred Aldrich was not challenged by
the defense, but said that he had a
strong opinion and challenge by the
state was sustained.
Tbirt " 70 locn,ap
ed during the forenoon, which is making
good progress.
Lester Duffy of Mankato township
was challenged by the defense and on
developing an opinion was excused by
consent.
Attorneys for the state comment on
what they claim to be fact, that fif-
ty-two of the seventy-five special ven
iremen are German Americans. They
would have preferred to have seen a
larger percentage of other nationalities
drawn. 1t is true that the three Jurors
thus far drawn are German Americans
Henry Westpahl of LeRay admitted a
strong opinion, smilingly, and was ex-
cused by consent. He was the first
talesman called this afternoon
The Fourth Juror.
Burt Fuller of Lime township was ac-
cepted as the fourth juror. He is TWEEN
ty-six years old and has been married
one year. He is farmer The defense
had no challenges. The state challeng-
ed for implied bias, but on learning that
the juror had no scruples against the
death punishment it withdrew the chal-
lenge. Mr.. Fuller said that if convinc-
ed by circumstantial evidence of the de-
PENDANTS guilt he would vote for con-
viction. Mr.. Fuller is a pleasant, in
telligent appearing young man, who
made sgood impression. He said he
had been acquainted with Mr.. Wilson
for ten years.
Eddie Rev of Garden City was not
challenged by the defense. The state
challenged for implied bias and develop
ed the fact that the juror has no con-
scientious scruples against the death