The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-26
Returns to New uIm to Resume
His Practice Again.
The Third Trial Is Set for July
Sixth, BY Consent.
General Chiids Says Brown
County People Want 1t.

The hearing on the application OF DIR.
Geo. r. Koch to be admitted to bail
was had before Judge Cray this fore
noon, beginning at eight O'Clock. The
attorneys on both sides, except Mr..
Brown, were all present, and the de-
PENDANT occupied chair behind his coun-
sell There was also a sprinkling OF
spectators, and a number of attorneys
not Connected with the case listened to
the argument.
Mr.. Clark presented formal applica-
ton for bail, based upon the records of
both trials, and upon an affidavit by
two physicians, Drs. j. L. Schoch and G.
B. Weiser of New Ulm, as to the effect
of confinement upon the health of the
defendant. Mr.. Clark held that if the de-
PENDANT is only probably guilty, if there
is well founded doubt, if the proof is
not indisputable, he should be admitted
to bail. He held that this is sustain
ed by the authorities.
There is a rule that says that the
returning of an indictment is pre-
sumptive evidence of guilt, but this does
not apply where there have been mis-
trials, as in this case. Mr.. Clark
read at some length from authorities.
Mr.. Clark said that the second day
after the homicide the defendant was
charged with having committed the
crime, the newspapers published the
matter, and later proceeding was held
in Justice court, yet the defendant was
not arrested until Dec. 10th. He car
ried on his profession of dentistry. After
his arrest, he insisted on speedy trial,
and the jury stood nine for acquittal
and three for conviction, it is common
property. He was released on bail and
resumed his profession and came to Man
kato and sat through the second trial
He has never shown a disposition to es-
cape, and has always wanted a speedy
trial, and does today. There is there
fore nothing that ought to lead the
court to refuse to grant the application
for BAIL
The Texas courts have general rule
in favor of bail. The burden of proof
is upon the state to show that he is not
entitled to bail. Mr.. Clark quoted from
decisions in other states, much to the
same effect. A Missouri case told of a
prisoner who had an opportunity to
escape, but did not do so.
Prisoner Took Sheriff Home.
| Judge Cray said that he was remind
ed by the Missouri case of one where a
sheriff took man accused of murder
in the first degree to barber shop. The
sheriff got badly intoxicated and had
great difficulty in getting back. The
prisoner, after much effort, got the
sheriff home and then returned to his
own CELL
Mr.. Clark quoted decisions to the eff
feet that where two trials have result
ed in disagreements and the prisoner
has been given opportunity to escape
these things should be given great
weight in determining the matter of
bail. He said that where there have
been two disagreements, under the cir
cumstances attendant upon the trial of
this case, it cannot be said that the
proof is evident or the presumption
great, and bail should be allowed. Mr.
Clark reinforced his argument with six
law books.
Judge Cray said that he would like
to avoid a further postponement of the
hearing, and he suggested That the state
be now heard and the defense could re.
ply.
| Mr.. Clark fastened to close his argu.
ment. He spoke for three fourths OF
an hour.
Gen. Childs' Argument.
Gen. Childs said that as he read the
constitution and statutes he was i'm.
pressed with the fact that it was the
policy of the people of this and all othe,
states, where it is known that per.
son is guilty of capital offense, that he
shall not go at large. Our constitu.
ton has two provisions for refusing
bail in capital cases where the proof is
evident and where the presumption is
great. Where the proof is evident bail
will be refused every time. The poll.
cy of the law is that where a man is
guilty of having committed deliber.
ate murder it is not safe to let him run
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