The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1909-12-10

JOnn II. bowen was cndlleIlStu "!
the defense for actual bias, and stated
that he had formed an opinion that it
would take evidence to remove. He
could put it aside, however, upon
going into the jury box. The triers
found the challenge not true, and the
defense used another peremptory chal'
lenge.
Second Juror Sworn.
Henry Hodapp, farmer of Decoria
was chosen to serve on the jury with
little ceremony. Neither side offered
a challenge.
"Do you know of any reason why
you could not try this case impartially
on the evidence presented in court p
asked Count Attorney Plymat.
well, l have talked about the case
with many people and read the papers
and have formed an opinion, taking
it for granted that the things that
I have heard and read are true" re-
piled the juror.
In spite of this, the juror was &C
,ceptable to both sides.
George H. Lang was challenged by
the defense for actual bias, and the
state admitted it, and he was excused
Number Three Secured.
Ed. Bender, a stock buyer of Lake
Crystal, got through without challenge
and was sworn as the third Juror. He
said that he had no scruples against
capital punishment
/ Gould you try the case fairly ant
impartially?" asked the county attor
ney.
81 don't know but that / could" re
piled the juror.
"Do you know of any reason why
you could not?"
81 have read the papers and formed
an opinion"
"But you think that you could tr.
the case impartially?"
II think / could"
William d. Tipler of Amboy was
excused peremptorily by the state. TIL,
defense offered no challenge. Replying
to the state, Mr.. Tipler said that hi
had no scruples against capital pun
ishment. He had been away from
home until Oct Is, and had heart
little of the case. Challenged by the
state, he said that he had no opinion
as to the guilt or innocence of the
accused. The state then withdrew the
challenge and excused the juror.
Tom Rooney Passes Muster.
! Thomas Rooney of Ceresco wa:
sworn as the fourth juror. Neither
side challenged him. He said that
he had no scruples against hanging
and could try the case fairly.
! George w. Schcrer was challenged
: by the defense for implied bias, ant
the challenge was admitted by the
state.
Frank Barton was challenged by The
defense peremptorily, after he had saiC
that he had no opinion. He had read
some and heard some conversation.
/ Fred Force stated that he had form
ed ali opinion, and a challenge by
the defense for actual bias was ad
mitted by the state.
the defense for actual bias, and said
that he had an opinion, but that he
could try the case fairly in spite OF
lit. The challenge was found not true
and the defense challenged peremptor,
! lily.
Frank c. Pohl was challenged by the
defense for actual bias, and stated
that he had formed an opinion, but
that he believed that he could Law
lit aside and try it impartialIy. The
triers found the challenge true.
Fl. c. Bishman went out by ex-
actly the same process as the preced-
ing juror.
Hugh Jones was challenged for act
ual bias by the defense and had an
opinion which it would take evidence
to remove. The state admitted the
challenge.
Patrick Sheehan was challenged per-
emptorily by the defense after he
had testified that he had no opinion
as to the guilt or innocence of the
defendant.
Garden City Man Scores.
John c. Bixby of Garden City was
the fifth to run the gauntlet. The
defense challenged for actual bias, but
withdrew it when Mr.. Bixby said that
he had formed no opinion as to the
guilt or innocence of Frank Smith. The
juror said that he had no scruples
against capital punishment, if the cir
cumstantial evidence was strong enough
to convict. He would be guided by
the instructions of the court.
The defense used another peremptorv
challenge on Frank Phelps, who lives
three miles south of Mapleton, after
the juror had said that ne had formed
no opinion.
John Compton of LeRay was ex-
cused peremptorily after the triers
had found challenge for actual bias
not true. He said that he had an
opinion, but thought that he could
lay 1T aside if selected to serve on
the jury.
George Painter, former overseer of
the poor farm, was not challenged by
the defense. He stated that he had
no scrupes against capital punishment
where the evidence was circumstantial.
The state challenged for actual bias.
but when the juror said that he had