The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19
Jurors Refuse to Disclose How
the Vote Was.
Relatives and Attorneys OF Koch
Go to Their Homes.
Juror Hagerman Relates An
Amusing Story.
From Tuesdays Daily.

FROM bdHy.
There was little new in the Koch
case today. Everybody was discussing
and conjecturing how the different jury
men stood. There have been various
statements made as to how the jury
stood. The attorneys for the defense
claim that it was seven for acquittal
and five for conviction, but reports of
statements made by jurors to disin
terested parties do now seem to bear
this out. One juror is quoted as hav-
ing confded to a friend that the first
ballot stood seven for conviction and
four for acquittal, and one blank, and
that thereafter the vote stood seven for
conviction and five for acquittal to the
end.
Jurors interviewed by The Free Press
refuse to even give an intimation as to
how the vote stood. One remarked,
when told that there was a report that
seven We're for acquittal and five for
conviction, "That is only a guess"
The attorneys from outside of the
city have returned to their homes. A
little unpleasantness occurred yester-
day after court had adjourned, when
Mr. Abbott told Gen. Cnilds that he
was a brute and that if it had not been
for him Koch would not have to remain
in Jail. Gen Childs held his temper and
merely remarked that he was not tax
ing Mr.. Abbott's opinion. Nothing re-
suited more seriously from the meeting,
but the incident, taken in connection
with others during the trial, serves to-
show how much in earnest the attOr-
neys in the case are.
Mr.. and Mrs. Henry n. Somsen are
the only relatives of DIR. Koch from
outside of the city who are still in
Mankato. Miss Ida Koch was obliged
to go to New Ulm Sunday so as to
resume her work as teacher in the pub
lie schools yesterday morning Miss
Emma Koch returned home Saturday.
Members of the jury who were for
acquittal spent considerable time in the
jury room telling stories, recalling all
of the cases that they could remember
where persons convicted on circumstan-
tial evidence were subsequently found
TO be innocent. Juror Hagerman anus
ed the others by relating an old Ger
e HAx, rip1 xxas
out giving a little baby an airing. She
stepped aside for a moment, leaving the
child behind tree. When she return
ed it had been murdered. She was ar
rested and convicted and sentenced to
be executed She made one request and
that was that tree be planted over
her grave, with the branches in the
ground and the roots spreading them
selves in the air. She said that should
the tree grow in that unusual position
it could be set down as certainty
that she was innocent, but that if it
died it COULD be considered that she
was guilty. The tree was planted ac-
cording to her directions, and strange
to say it grew and aourished and be-
came fine tree.
The Minneapolis Tribune says: "Er-
nest G. Koch has employed constantly
since Dec. 27, three attorneys at $50 a
day; two attorneys at $35 day; one
Thiel agency detective at $40 day,
and, in addition, spent large sums for
witness fees.
The Koch relatives acknowledged that
the first trial cost nearly $1,000. 1t is
safe to say that twice that sum has
been spent during the interim between
the trials and during the trial just end
ed. The defense of George Koch by his
aged father has cost not less than
S25. 600
Somerville Expressed Himself.
Attorney George Somerville, for Koch,
said to The st. Paul Daily News:
81 don't see why the jury didn't
agree and acquit Koch. This is only a
case of persecution. The only real fact
in the whole claim of the state against
DIR. Koch is that he is under arrest.
1t is a case of suspicion from first to
last. We will not ask for a change of
venue.
sWe have been fairly treated in the
Mankato court, and we will endeavor
to have the third trial begin about May
25, so that it may may be completed
before the June term of the Blue Earth
county court"
General Childs made tine following
statement: "The third trial is yet to