The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-28

taken up.
c. H. Piper of Garden City said that
he takes the Free Press, Review and
Minneapolis Journal The defense chal-
lenged for actual bias and the state
admitted it.
Thomas l.. Rodgers of Rapidan, the
miller, was called. The defense had no
challenge. The state challenged for i'm
piled bias. Mr.. Rodgers said that Mr..
Clark is his attorney in case now
pending. He said that he had no con-
scientious scruples against capital pun
ishment. The court sustained the chal-
lenge on the ground that Mr.. Clark is
an attorney for the juror.
Mr.. Pfau intimated that the law
didn't make that a ground,
The court said That there were decis-
ions both ways and he preferred to de-
eide it the way he had.
Mr.. Clark took exceptions.
Juror Number Seven.
Olof G. Lundberg of this city was
not challenged by the defense. The
state challenged for implied bias. Mr..
Lundberg said that he had no con-
scientious scruples against capital pun
ishment, and none of the attorneys for
the defense were now his attorneys.
The state withdrew the challenge. Mr..
Lundberg said, replying to Mr.. Wilson,
that he knew of no reasons why he
could not try the case fairly and i'm
partially. The juror was accepted by
both sides and was sworn.
Gust. Z. Monsoon was called, and the
defense mad no challenge. The state
challenged for implied bias. Mr.. Mon
son said that he has conscientious
scruples against voting for conviction
on circumstantial evidence, and would
not vote for conviction on such evil
dence. Even if he was convinced of
guilt he would not vote for conviction
where hanging was the penalty. The
challenge was found true by the court.
Adelbert c. Hopkins of this city was
not challenged by the defense. The
state challenged for implied bias. The
juror said that Pau & Pau are his
attorneys in matter now pending. He
mas CONSCIENTIOUS scruples against capt.
tai punishment, and the evidence would
have to be very strong if it was cir
cumstantial evidence before he would
vote for conviction. Replying to Mr..
Pau, Mr.. Hopkins said that there is no
lawsuit now pending and he hoped he
would not have any. Pau & Pau are
his counsel but not retained in any
matter at the present time. He would
not follow the instructions of the court
even if convinced beyond reasonable
doubt of guilt. The defense admitted
the challenge.
E. d. Wilmot of West Mankato was
called. He had read of the case in the
Free Press and st. Paul News. The
state challenged for actual bias. The
juror said That he has an opinion and
has expressed it. Replying to Mr.. Will
son, the juror said that he could lay
aside his opinion, he thought, and try
the case fairly and impartially. An
swering Mr.. Pau, the juror said that
it would take some evidence to over
come his opinion The triers found the
challenge true.
The noon recess was here taken. Mel
ther side used any peremptory chal-
lenges during the forenoon. The state
has used two of its ten, and the de-
Tense seven of its twenty.
Dr. Koch was cheered up today by
the presence of his sister, Miss Ida
Koch of New Ulm, and his cousin, Miss
Minnie Bangerter of this city. One sat
on each side of him in the court room
and watched the proceedings closely.
Shortly after three o'clock j. III.
Stewart of the firm of Stewart &
Holmes was accepted as juror.
Afternoon Session.
Frank j. Mention was the first to be
called this afternoon. He was chal-
lenged by the defense for actual bias
and the state admitted it.
Emanuel johnson, carpenter for.
merly employed on the c. & N. w.
road, was challenged by the defense for
actual bias. The challenge was ad-
mitted.
\ Daniel I. Bowen of South Bend, for
mer sheriff and chief of police, was not
challenged by the defense. The state
challenged for implied bias. Mr.. Bow
en- stated that he had no conscientious
scruples against capital punishment.
The challenge was withdrawn and the
state challenged for actual bias. Mr..
Bowen had no opinion and said he
knew of no reason why he could not
try the case fairly and impartially. The
challenge was withdrawn, and the state
Il -