The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-24


conscientious scruples against capital
punishment. He takes The Free Press.
He had read and talked of the case,
but never expressed an Onion nor
formed one. He knew of no reason
why he could not try the case fairly.
The state challenged the juror per-
emptorily.
William Wittrock was challenged by
the defense for actual bias, and the
triers found the challenge true after
the juror had explained that he had
formed an opinion in the case.
Louis Silkey of LeRay said that he
had read of the case, in The Free
Press among other papers, and has
some opinion. The triers found the
challenge true.
Ole AndeEgaard said that he takes
The Daily Free Press, and had an
opinion. The triers found a challenge
by the defense true.
Ed. Krieg was challenged by the de-
Tense for general disqualifications, and
brought out from him the statement
that his children have the chickenpox
and that he thought that he had got
it. The court hastily excused the
juror, while the attorneys sitting near
the juror shuddered at the thought
of what germs might be flying in
their direction
Henry Wiltgen is a subscriber to
The Daily Free Press. He was excused
by consent, because he had formed
such an opinion as would disqualify
him from serving on the jury.
Adolph Lille Sworn.
Adolph Lille of West Mankato was
accepted as the third juror. The de-
Tense had no challenge, and Mr. Lille
stated to the state that he had no
conscientious scruples against capital
punishment. He had read of the case
but had no decided opinion. He had
never expressed an opinion in the
case, and said that he did not have
one, but afterwars said that he had
'somc" opinion.
Peter Griffin said that he had had
an opinion and had little of it yet.
docs that opinion relate to the
guilt or innocence of the defendant 2"
asked the defense.
''To the guilt" replied the juror.
The juror was excused by consent
after he had said that it would take
some evidence to remove the opinion.
Jacob Wagon said that Pfau &
Laurisch are his attorneys and the
state challenged for implied bias. The
defense denied this, and held that the
statute did not cover this case. The
court had been inclined to excuse the
juror, until the statute was called to
his attention, but then withheld de-
cision until this afternoon. The de-
Tense had offered no challenge.
This Afternoon.
When court convened this afternoon,
Judge Pau found the states challenge
for implied bias not true. The state
then challenged again for actual bias,
by consent, and inquired as to whether
the juror had conscientious scruples
against capital punishment. The juror
admitted having such scruples, but,
answering the defense, he said that
he had the same scruples against inn
prisonment. Answering the state, he
said that it would take much more
evidence than if he had no such scru-
Piles.
"Do you have conscientious scruples
against imprisonment in the peniten-
tiary?" asked the defense.
mo, sir" replied the juror.
"Do you believe in the enforcement
OF the law"
mo, sir, not where hanging is the
penalty"
The court found the challenge true
Max Siebert was challenged by the
defense for actual bias, and the state
admitted it. He was away from Man
kato from May l until two months
ago.
John Z. Mullen was not challenged
by the defense.
Have you any conscientious scru-
pies against capital punishment?" the
state asked.
Not any, at ALL, replied the Juror
Would any scruples interfere with
you in performing your duty?
'Not with me-
''If the evidence was circumstantial.
would you have any such scrupes ?"
Not if the evidence was strong"
The Juror stated that he read The
Daily Free Press and Twin City pa
pers, and probably had read some of
the articles in regard to the case
but could not recall much He had
never formed or expressed an opinion
as to the guilt or innocence of the
defendant. The juror was excused by
the state peremptorily.
Fourth Juror Accepted.
George Simmonds, the former po-
liceman, and at present HORSEPOWER
was accepted by both sides without
waste of time. He was only asked
whether there was any reason why
he could not try the case fairly, and
he replied that there was none.