The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-20
Special to The Journal.

! - y
New Ulm, Mimi, Jan. 2O.-After six
weeks in Jail, nearly three Of which
have been spent in a long trial in court,
DR.. George r. Koch still stands neither
exonerated nor convicted of numbering
DR.. L. A. Gerhard.
All the expenditure Of time, energy
and money by the state and the defend
ants friends and attorneys has gone
for naught and must be expended over
again. ~.
The jury could not agree.
| The twelve weary men came into
court this morning after nearly forty
hours consideration Of the mystery, and
confessed that they could not get to-
gether.
Nine thought DR.. Koch innocent, or
at least not proven guilty beyond z
reasonable doubt.
Three thought him guilty.
Martin Penning was foreman of the
jury and he told Judge Weber that he
thought an agreement was out Of the
ously Judge Weber decided that the
jury should be discharged and another
trial be held.
/ ..-ess :. = tla D4OW q4Ol DolcuuduI.
| When the, jury reported, the defend
land and several of his friends were in
the courtroom. It was a trying moment
for them. They did not consider con
viction possible, but the disagreement
was great blow to them.
When the report Of the jury was
heard by the defendant he showed
signs Of disappointment. After being
discharged, the jurors all shook hands
with him. - -
No New Trial at Once.
The disposition of the case has not
yet been determined. Mr.. Brown for
the defendant moved that new trial
be begun Immediately. Judge Weber
overruled the motion, explaining that
it was not his custom to try the same
case twice in a term. Mr.. Brown then.
moved that the case be taken up at
special term before Feb. l. This was
was also denied.
i General Childs announced that the
state would probably move for change,
of venue, on the ground that it would!
be impossible to get a fair and impair
tial trial in Brown county. The pro-
! posal will probably meet with Judge!
Webber's approval as well as that Of
the defense.
J The Justice Of the request is appar-,
! ent when it is remembered that it was
necessary to summon 240 talesmen In the
recent trial before the jury was COM
pleted. Now that the case has been
heard and the newspapers have given it
such prominence, it would be next to-
impossible to secure jury in this
county.
Matter Of Bail Put Over.
After the, motion for an immediate
new trial had been denied. Mr.. Brown
, moved that the defendant be admitted
, to bail General Childs would not
continued until 9 am. tomorrow. At
that time the attorneys for the defense
will present the affidavit of Asa P.
Brooks, who swears positively that DR..
Koch is not the guilty man and other
evidence in the case, arguing that the
J court has the right under the law to fix
bail: They assert that their client is
! ready to furnish bail in almost any
! reasonable amount, and it is said that in
!. New UIm he could easily furnish bond
to the amount of $4,000.
The fixing of the time for the new
: trial as well as the place where it will
:. be held depends upon Judge Webber $
: ruling on the motion to allow bail If
I Koch is admitted to bail the defense
: is not particular when the trial is held,
, but if the motion is denied and Dr.
Koch is compelled to remain In jail his
9 attorneys will demand that the case be
+ transferred at once to some county
: where it can be tried at once.
No One Surprised.
, The disagreement was not a great
surprise to citizens Of New Ulm. When
the jury went out Wednesday after
noon many expected it would return a
verdict of not guilty before 6 O'Clock.
Then all day Yesterday the friends Of
the defendant did not give up hope that
| the Jury would eventually agree. When
6 CLOCK had arrived and with it no
verdict, disagreement became almost
a certainty.
Judge Webber's Opinion.
Judge Weber said this morning that
/ had he been on the jury he would have
| been forced to vote for acquittal, for
i the evidence, in his opinion, did not
| prove the guilt Of the defendant be-
| vond reasonable doubt. He had, how
3 ever, no criticisms to make upon the
jury.
State Has Reserve Evidence.
= If reports are true, the disagreement
- is great victory for the state. It il
!. understood that the state IS attorneys
= secured important evidence too late to
- use in this trial. This evidence will
J. be used at the next trial, and the
q states attorneys declare it means the
- conviction Of DR.. Koch The evidence
~ ~ .osl oarran&s tbo no, n, -, or,1 &