The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-04-19
Opening Session Shows that Sc
lection Of Jury Will Be
Tedious Affair.
FIRST SPECIAL vENIRE
ORDERED BY COURT
Dr.. Koch as Hopeful as Ever Of
Acquittal- Talesmen Have
Studied the Case.
BY w. p. MCGUIRE.

-
morning, and, putting and perspiring,
entered the courtroom, where a few
minutes later Judge Lorin Cray called
the second trial Of the young dentist for
the murder Of DR.. Louis A. Gebhart in
the later,s office, in New Ulm, on the
night Of Nov. last.
a panel Of thirty jurors had been pro-
vlded. -Four were absent, and one was
excused because Of illness in his family.
leaving twenty five for examination. Be.
tore the first talesman was called, w. n.
Chllds, former attorney general, who
with 5. B. Wilson. county attorney Of
Blue. Earth county, and other counsel
specially employed, is conducting the
prosecution, started to read the minutes
81 Of the Brown county court, telling why
the judge there was unable to try the
case: Judge Cray interrupted him; di4
recting that the minutes be filed.
No Juror at Forenoon Session,
Funk, W. NJ. Plymat and s. n. Andrews
as triers. They. are all Mankato attor.
neys. The questioning of the talesmen
was then begun. When the noon recess
was taken, seventeen men, representing
every part OF the county, had been
ceptable.
just before the adjournment Judge
Cray ordered special venire of fffy
Jurors, returnable at 8 am. tomorrow.
At the recess Judge Cray and counsel.
for both sides said it was evident Is
you'd be very difficult to secure Jury.
Senator Somerville, leading counsel for
the defense, thought the twelve men
would be in the box before the close OF
the session Saturday.
Both Sides Have New Evidence.
What the trial will bring forth is =
matter of conjecture. General ChiIds
said this noon: 'We have much afIdi-
tlonai evidence, and have very strong
case" He would not, however, I'M
innate along what lines this evidence
Senator somerville said: ssThe de-
tense has materially strengthened the
case, we believe, by the discovery Of
new evidence which we will bring out at
this trial It were folly, however, for
us to discuss this in advance. ,,
! Dr.: Koch, his naturally spirited,
Jevial nien plainly altered by the
weight Of suspicion against him, sat
turnout the session within the attor-
ney s dock and directly behind his
counsel. He listened to the proceed
lngs closely, scrutinizing each
prospective juror and the Judge with
great interest. He showed no sign of
nervousness and did not consult with
any of the lawyers except when they
turned to him.
Beside DR.; Koch, when court opened,
father, who, hat in hand, also closely
observed the proceedings. His keen
gray eyes, looking out under his shaggy
white brows, shifted nervously from
counsel to the talesman in the iurybox
turnout the examination. He spoke no
word to his son and was not consulted
by any Of the attorneys.
Koch Is Hopeful.
| Just before the court was called to
order DR.. Koch said: 81 hope the jury
will be made up Of good, fair men.
When asked what he thought Of the
outlook, he smiled and said, III am
hopeful
Just then Judge Cray entered from
his private chamber and, ascending the
the big arch at the east end of the large
courtroom. The sheriff raped upon the
clerks desk and with his loud I" Hear
ye, hear ye, hear ye,' called the court
to order.
The lawyers, who had been visiting
with their friends and colleagues, took
their seats, and after the filing of the
minutes Of the Brown county. court with
reference to the transfer of the Koch
4 case and the appointing Of the triers,
! the first talesman was called, D. l..
Clemens. retired merchant Of Man
kato. In answer to questions, Mr..
4 Clemens said that he had an opinion
which it would take evidence to res
move. ~
every talesman who followed and was
with one exception, almost the sole rea-
son for the rejection Of the men.
State Uses Peremptory.
4 The one notable exception was that
Of 81. ii. Gilman of Garden City, upon
whom the state spent one Of it's per-
emptory challenges. MI. Gilman, who
! is farmer, had a conscientious opin-
said that the fact that a person was
charged with a crime, the punishment
Of which might be death, would have
no effect on him in his consideration OF
the evidence. q.
| When asked by s. B. Wilson, county
attorney, what he meant by that, he
said with some fervor:
ment, but it would not influence me in
considering evidence. I would lay the
question wholly aside
Mr.. Wilson asked Mr.. Gilman that if
= the evidence were wholly cIrcumstan-
tial, would he act the same where he
knew the punishment might be capital
} punishment. He replied that if the evi.
dence were wholly circumstantial he
} could decide the case fairly without
consideration of capital punishment.
! Mr.. Gilman, like all other talesmen
, told that he had read Of the murder Of
, DR.. Gebhardt and of the first trial OF
DR.. Koch in several newspapers and
that he had often discussed the case
He had heard statements as to the be.
! lief of other persons as to the guilt OF
: innocence Of the defendant, but he
: added, CT don It believe all I hear and
indeed, not more than half see.
The state challenged on the ground OF
actual bias. The triers were willing to
accept Mr.. Gilman and the state used
one Of it's ten peremptory challenges.
Everybody Interested in Case.
4 It was apparent on the statements
i Of talesmen that the Koch case has beer
. very much in the public mind, both In
t country districts and in towns. Every
8 body, it seems, read almost. everything
e that was printed about it in their owr
e papers and discussed it with theil
Continued on I'd Page, 7th Column.