The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1905-04-21

case
impartially. and the triers passed him,
but the defense challenged him per-
emptoriIy.
Run No Risk of Sickness
Another juror who was nearly ac-
city, a gardener, 20 years old. The
triers passed him. but the defense chal-
lenged peremptorily, L. l. Brown. for
the defense, remarking that they did
not want to run the risk of having a
SICK man on the jury. as was the case
at the New Ulm trial, ii appearing that
swanson was subject at times to
rheumatism contracted in the army, al
though he had not suffered much from
II during the past two years.
several jurors were excused by the
court because they said that they had
conscientious scTuples against hanging
when the evidence, no matter how
strong, is merely circumstantial. Mr..
Swenson. the fourth juror selected,
also had such scruples, unless the evil
dence was of a very convincing nature.
nave read so many stories where
men have been" Mr.. Swenson start
ed TO say but was stopped by the
states attorney from completing the
sentence. He was questioned by the
court, and replied that he would not
hesitate to abide by the charge of the
court in the case if he was instructed
tfat the jury had no voice at all in
regard to what the punishment shall
De, that resting entirely with the
court according to the law. He was
hEally accepted by both sides. though
apparently with some reluctance by
them as well as by himself.
Inc defense used one peremptory
challenge on John s. Gjervig, a De-
cora farmer, who was accepted by the
triers, and one on Henry A. Edwards,
farmer OF Mankato township. Ed
wards said that he had an opinion.
but had changed il after the publica-
ton of the article relating to a murder
having been committed in Todd coun-
ty in 1888 by an alleged relative of
DIR. Koch.
Thirty-three talesmen from the spe-
cial venire were examined today, six
were excused, mostly on account of
their age, and eleven yet remain to
be examined. 1t is generally believed
that jury will be secured by Sat-
urday afternoon.
The sessions of the court are largely
attended, many women being present.
although the drawing of the jury is a
very tedious procedure. There are no
new developments regarding the evil
dence.
Childs Has Close Call
Gen. Childs, one of the attorneys for
the state, it developed today, had a
somewhat narrow escape from as
phyxiation by gas in his room at the
hotel where he is stopping, Wednesday
evening, owing to a leaky gas pipe. He
was found in time, and was able TO
proceed with the case yesterday. He
was feeling himself again today and
showed no signs of his experience.
Judge Cray will hold court tomorrow,
although it is Good Friday.
The attorneys on both sides are ex-
ceedingly careful in their examination
of the jurymen to see whether they
cannot detect some leaning one way or
the other. Any previously formed
opinion in the case, which IL would
take the slightest evidence to remove.
is sufficient to disqualify the juror, no
matter how intelligent and fair. mind
ed he may be.
DR.. Koch sits through the long ex-
animation Of the jurors, watching the
proceedings closely and missing MOTH
Ing. He places the greatest confidence
in his attorneys, feeling that his in
terests are in safe hands. He never
smiles, neither does he talk to anyone
unless spoken to, and sadness is de-
picted upon his countenance, that is
unlike his appearance when he was in
court in February.
The state claims to have some i'm
portant new testimony, which II is
guarding with jealousy. The attorneys
decline to divulge anything about II.
until 1t is sprung in court. The de-
Tense claims to be able to meet and
offset any additional evidence that the
state may produce.
Henry NJ. Somsen, attorney at law
of New Ulrn and brother -in-law of DR..
Koch, has arrived, and will remain
throughout the trial. He is business
partner Of former County Attorney
Hoidale. One of DR.. Koch's sisters
and other members OF the family will
be here.