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2 I I, I *,?V ?*?_• Jtz'Z SX*. The second trial of Dr. George R. Koch on the charge of murder in the first degree is now on, having begun at the very minute of nine o'clock Wednes day mornin It took but ten minutes to get through with the preliminaries, and then the first juror was called. Dr. Kocli occupied a seat back of his attorneys, sitting beside his aged fath er, E Koch. He woie a serious and resigned expression, as though ne was entering upon an ordeal that would be long and tedious His father is a very pleasant appearing man, with gray hair and beard. In the fiont of this oou pie sat the attorneys for the defense, a low, W Someiville,L Brown, W. D. Abbott, Pfau & Pfau and A. E Claik In fiont of these, still, sat the stated attorneys, Gen. W Childs, County Attornpy Wilson and Albert Pfaender Lining the mnei side of the railing weie a numbei ot the younger attorneys of tne city and county, to whom the proceedings weie a valuable object lesson. Several outside newspaper men were present, among whom «ere W. Mc Guire of the Minneapolis Journal, W. Higgms of the Minneapolis Tri bune, and J. W. Hawks of the St Paul Dispatch, all being staff reporteis. John McGreevy of the St. Paul Pioneer Press, and R. B.^Liggett of the St Paul 4,,W t,^^4 ^^^^4t^^^^^* t*^^^*^ '^*^ttt^Hit^*^*'l ^t^ 't'^ Daily News arrived .on the 10-45 a. train. Sheriff Williams appointed P. W. Pitcher, A. C. Ingebritson, W. Wig ley and E. P. Rutan as bailiffs for the adjourned term. GEO. R. KOCH, The Defendant A fair audience was present, although the selection of the jury is the most tedious portion of a criminal trial. Among those present was Adolph Klause, chief of police of New Ulm, who has taken a prominent part in get ting the evidence together for the state. He will be present throughout the trial. Tne members of the citizens' commit tee of New Ulm, that was largely in strumental in working up the case against Dr. Koch, are Mayor Charles Silverson, F. H. Retzloff, W. Eibner, Ferd Crone and Albert Pfaender. Only the last named was present today, but the other membeis are evpected to be present from time to time. Sheriff Williams called the opening of the adjourned term in the usual man ner. The roll of the petit jury was called, and all were found to be pres ent expect P. McGovern and E. Kendall. Charles Graf was excused from seivice on the jury because of tne critical illness of his fathei, who has suffered tnree or four paralytic strokes lately. The court asked whether the case of the State of Minnesota George R, Koch was ready for trial. General Quids stated that the state was ready. He said that the ease had been transferred to this county from Brown, and he desired to lile a certi ficate of the clerk of couit of Brown county, being part of the minutes of the last trial. The court ordered it filed The couit appointed W. A. Funk, W. N. Plymat and C. N. Andrews as tiiers to pass upon the bia% of parties called to serve on the jury. They took seats ^directly in front of the judge. General Childs stated that Albert ^Pfaender was his associate counsel, and gtha County Attorney Wilson had been ^appointed to represent the attorney gen ^eral' office at the trial. The court said that the defendant was informed that if he intended to challenge individual jurors he must do so before they are sworn. ,„• Mr. Brown ntfttgd tfwt.jfww frf nfit» TZb J, iSL«--f -^-Hit, and A E Clark were associated with the defense. Clerk of Court Thorne proceeded to call names from tne box that contained the regular jury panel. The first name called was that of Charles Graf, but he had been excused D. Clements was then called. He had read accounts of the case in the Fiee Pi ess and the Minneapolis Tri bune. He was excused for actual bias, after examination Mr Clark examin ed for the defense and General Childs for the state. Witness was challenged by tne defense The eouit made a suggestion that rep etition in questioning be a\oided, in order to economize time Geo. Ste\ens of Shelb\ said that he read the Fiee Pi ess, St Paul Dispatch and two faim papers Excused for ac tual bias, after examination, on chal Lenge by defense A Sehneeburger of Pleasant Mound said that he had read the Re view, St. Paul Daily News and Minne apolis Tubune and a farm paper. He said that he had no opinion that it would take e\idence to lemove The de fense challenged for actual bias The tneis, after much consultation, found the challenge not true The defense chal lenged peremptorily John Gremer ot Danville said he took the Review, Minneapolis Tiibune and Mapleton Enterprise Challenge by de- fense for actual bias was admitted. Calvin Smith said that he took the Free Press, Minneapolis Journal and the Ledger. He said that he was not in good health, not having recovered from his recent attack of pneumonia. He said that he would dislike to take the chances of serving on the jury. He was excused by consent. Capt W. Haigh of Mankato town ship, said that he took the Review and reads the Minneapolis Tubune. He was challenged by the defense for actual bias. Fiom what he had read and heard he had not formed an opinion on the case. He had not read enough of the case to get an opinion, he said. Had never expressed an opinion in the case, "very much." Had talked a little about the case, but had always said he had no opinion. He might have some impressions as to the guilt or innocence of the accused He had been away from home so much and preoccupied by other matters that he had not formed an opinion. Mr Clark sought to bring out about Capt Haigh's "impression," Capt. Haigh said that be had an impression that there was such a case, and that was about all. It might take some evi dence to iemo\e the impression. Re plying to questions by Mr. Wilson, Capt. Haigh said that he eould try the defendant fairly and impartially. The impression in his^mind would not prevent him giving a fair trial to the accused. The triers found the chaVy lenge true. »^_ *w»j Arne Knutson of "Medcf said"that Tie had a °f th case in the Free Press and Minneapolis Farmers' Tribune. The defense challenged for actual bias. Mr. Knutson said that the articles he had read had made an impression on his mind as to the guilt or innocence of the accused and he had formed an opin ion on this He still had the opinion, and it would take some evidence to re move it. The state admitted the chal lenge and Mr. Knutson was excused. Mr. Kendall's name was next called. Being absent, H. H. Gilman wa* call ed. He lives at Vernon Center, and knew of no reason why he could not act as juror in the ease. The state challenged for implied bias. Mr. Gil man said that he entertained a con- Supplement- New Ul Review DATA IN THE FAMOUS CASE, Murder day—Nov. i, 1904. First Mass Meeting—Nov. 4, 1904. Second Mass Meeting—Nov. 19, 1904. Organization perfected and evidence of witnesses taken be fore Justice Henningsen. Dr. Geo. R. Koch was arrest ed for the murder of Dr. Louis A. Gebhardt, on the evening of Dec. 9, 1904, shortly before eight o'clock. Dr. Geo. R. Koch was indicted by the grand jury for murder in the first degree, Dec. 16,1904, shortly before five o'clock. The trial began Dec. 27, 1904. Time consumed in securing jury—One week. Number of veniremen called —245. The jury—A. Rinke,EmilRas mussen, Hans Larson, Martin Penning, Aug. Jaehn, Wm. F. Runck, James Addy,John Mack, Fred Engelbert, John Mander feld, Jr., Wm. Berg and Jos. Grathwold. State spent whole week in presenting its*side of the case. Defense consumed six days. Case closed Wednesday, Jan. 18, 1905, jury retiring at 5:30 in the afternoon. Jury came in at nine o'clock Friday morning, Jan. 20, 1905, after being out 41 hours. Jury disagreed, vote being 9 to 3. Dr. Geo. R. Koch was released on bail from the Brown County jail, Friday evening, January 27. 1905. Period of incarceration 49 days. Amount of bond—$20,000. Change of venue taken to Blue Earth County. Court opened at Mankato, February 7, 1905. Defendant was arraigned be fore Judge Cray. Date of second trial was set April 19, 1905. Bond was continued. victed of murder. This would not in fluence him as a juror in the case. He meant that he did not believe in capi tal punishment, but he could wholly lay this aside. Where the evidence is whol ly circumstantial he would not act the same as where the evidence was posi tive, but he thought that in the pres ent case his vieks would not affect him. The triers found the challenge not true. Mr. Gilman said that he read the Free Press and St. Paul Daily News. The state challenged for actual bias. He had not read much about the case, but had talked about it some. He said he did not believe all that he read or all that he saw. He had no impressions re garding the guilt or innocence of the de fendant. He believed that a murder had been committed and that was about all. The challenge was found not true, and the state challenged peremptorily. R. C. Hill was called. He had read about the case in the Review and Min neapolis Tribune. He had not heard anything about it since the February term. He had heard it discussed. The SedoifdrCri^l of Koch at Mankato Several Days Consumed sln^Secunng a?Jury-.-*Many Veniremen Called— Sheriff Deposed and Coroner,Serves" SUmmdns«Jury Considered to be arFirst Class One. •^•fe-y 1 'jft* it ii in ii THE KOCH JURY JOSEPH WAD DELL, Farmer, Beauford. W.H. mt COX, Manufacturer, Mankato. W. L. RAPPLEY, Farmer, ,• Jamestown. O. T. SEVERSON, Farmer, Medo. W. E. BARNARD, Driver ot 1 Dray, Mankato. i: WILLIAM BOSWELL, Farmer, st. ciair. OLOFG. LUNDBERG, Retired 11 Business Man, Mankato. J. tt. STEWART, Merchant, Mankato. HARRY FOOTNER, Flour HK Packer, Mankato. RED DIE M. ANDERSON, Car penter, South Bend. A. A. JUST, Farmer, Rapldan. ALBERT HAGERMAN, Far „,. mer, Mankato Town. defense challenged for actual bias What he lead and heard created an impres sion on his and he formed an opinion as to the guilt or innocense of the ac cused, and he still had it, and it would lequne evidence to remove it. Tne challenge was admitted by the state and the juror excused. Peter McGovern of McPheison was called. He takes the Free Press and Minneapolis Tribune. The defense chal lenged for actual bias, it was admitted and the juroi excused without examin ation A. Latourelle of Danville was called, challenged by the defense for actual bias, the cnallenge admitted by the state, and the juror excused. Martin OstBn of Lake Crystal was called, and was challenged for actual bias by the defense. He had read of the matter in the Free Press and Lake Crystal Union. He had partly formed an opinion about the case, and had "some idea" as to the guilt or innocence of the defendant. He had expressed an opinion at Lake Crystal and other places. He still has the opinion that he then had, and it would take some evi dence to remove the opinion. The chal lenge was found true. R. J. Williams of Butternut Valley said that he had read of the case in the Free Press and St. Paul Pioneer Press. The defense challenged for ac tual bias. Mr. Williams had read and talked about the matter, and what he had read and heard led to his acquiring an opinion as to the guilt or innocence of the defendant, and he still had an opinion. It would take some evidence to change his opinion. He had never ex pressed an opinion, himself, that he could remember of. Answering Mr. Wilson, the juror said that he knew of nothing that would prevent him try ing the case according to the evidence submitted. He had no opinion that would interfere with the impartial trial of the case by him. The triers found the challenge true and the juror was ex cused. Patrick Madigan said that he has liv ed in Mankato since 1870. He takes the Review and Journal of this city. The defense challenged for actual bias, the state admitted it, and the juror was excused Martin Bowe of Decoria said that he takes the Free Press, Review, Minneapo- ,M83a lis Tribune and Farm, Stock and Home The defense challenged for actual bias, it was admitted, and the juror was ex cused. W. B. Walker said that he had lived in Mankato for forty years. He takes the Free Press, Review and Minneapo lis Times. He had read and discuss ed the case, hearing opinions expressed and himself expressing an opinion. He still has an opinion, that it would take some evidence to remove. A challenge by the defense for actual bias was ad mitted by the state, and Mr Walker was excused. L. L. De Rosia said that he takes the Free Press The defense challenged for actual bias Mr De Rosia said that his eyesight was very poor and he cannot read. The state admitted the challenge, and the iuror was excused Judge Ciay oideied that a special venire foi fifty jurymen be issued, re turnable at 9 a m'tomoiiow He de olared a lecess at noon until 2 Judge Ciay states that it will be his policy to nold couit fiom 9 a until noon, and from 2 to 5 Tins will give the attorneys plenty of time to consult with their witnesses Sheriff Williams left at shortly aftei one o'clock, going east thiough the coun ty, to fill out the special \enne He was accompanied by John Stevens W. Pitcher picked up a few men the city to serve on the venire %.fr .fr,\,,\, .|. ,$ ,\ .$, ,1, $ ,$ ,i, .|,(fr$ $,, ,|,ft,i, ,|, ,ft g,,|,ft.t,(|„(t,fr?4H When court convened this afternoon Ed. Flynn of Good Thunder was call ed. The defense had no challenge. Gen. Childs asked whether he had conscien tions scruples against capital punish ment. Mr. Flynn replied that it depend ed upon the evidence. He was opposed to it The state challenged the juror for implied bias Mr. Flynn said that he ^ould not like to serve where the evidence was circumstantial. Reply ing to Mr. Clark, the juror said that if he was convinced by the evidence beyond a reasonable doubt, even though the evidence was circumstantial, he would not have any conscientious scruples about returning a verdice of guilty. The court found the challenge true and ex cused the juror. Miles Smith of I*e Ray was called He had lived in Le Ray two years, coming from Le Sueur county. He takes the St. Paul Weekly Dispatch. The defense challenged for actual bias, it was admit ted and the juror excused. Dan S. Felton said that he was born in Mankato and had always lived here The defense challenged for actual bias and the challenge was admitted by the state and the juror excused Ed. L. Kendall was called and was present. He lives at Vernon Center and has been reading the Free Press and Minneapolis Tribune. The defense chal lenged for actual Trias. He had read about the case and heard it talked of. He had formed and expressed an opin ion. The state conceded the challenge and Mr. Kendall was excused. R, K. Williams of Butternut Valley was called. He takes the Free Press and St. Paul Dispatch. The defense interposed a challenge for actual bias, the state admitted it, and the "juror was excused. Geo. Keith of Sterling said he takes the Review, the Mapleton Enterprise, Amboy Herald and a farm paper He said that he did not read about the trial of the case, but read sketches of the case. The case had not been talked of much in his neighborhood, and he never heard it mentioned at Amboy but once, and at Sterling Center once. The,rdefenae challenged for actual bias. He hgfl an opinion, baBed„pn the attor HeyTTpleaa which heread in the Min- New Ulm, Minn. '"Wednesday, April 26, 1905. ^JF«*vsT^ 3r such an opinion as would prevent him from being an impartial juror in the case. The triers found the challenge true, after some consultation. *g John Ward of Beauford was called. The defense had no challenge. He takes the Review and St. Paul Daily News. He stated that he had no conscientious scruples against capital punishment. The state challenged for actual bias. The juror said that he had read about the case and heard it talked about. He did not form any opinion about the guilt or innocence of the accused. He had talked about it, but not for the past two months. The challenge was found not true. The state used its second peremptory challenge. A Stedman was called. The de fense challenged for actual bias and the state admitted the challenge. The juror was excused Joseph Waddell of Beauford was call ed The defense had no cnallenge. Re plying to Gen Childs, the juror said that he had no conscientious scruplues against capital punishment in case the ewdence was sufficient. The state challenged for implied bias. In a case \Aheie murdei in the fiist degree was chaiged, and the evidence was largely cncumstantial, he wCuld render a verdict of guilty if satisfied beyond reasonable doubt of his guilt. The challenge was withdrawn, and the state challenged for actual bias. This was rt$M$Hjfr fr »fr »fr ifr fr tjl fr fr »t. »fr (fr ift t|. ,*4 »|. $H$n|Hfr DR. L. A. GEBHARD The Victim of An Assassin This exhausted the panel. The court cautioned Mr. Waddell to be careful not to be talked to, and placed him in the care of the sheriff. A recess was then taken until 9 a. m. tomorrow* During the afternoon the audience was somewhat larger than at the fore noon session and included many la dies. ^5 *£. Mr. Waddell, 'who" was selected as a juror, is about forty-five years old and is well spoken of by those who know him as being a fair minded and honest man. 1 Koch Is Confident. Alt" stated yesterday, Dr. Koch arriv ed in the city on the 4:45 p. m. train yesterday. He closed his dental office at New Ulm yesterday, where he had been enjoying a good practice since his first trial. Dr. Koch is confident that the present trial will result in his acquittal. Neith er he nor any of his relatives expect another disagreement. While feeling sure of the outcome, JDr. Koch fully realizes the position that he is in and feels the strain, and shows it to some extent as he sits in the court room. Judge Cray has instructed the bail iffs not to allow any smoking in the court room, even before the opening of the sessions.. 1 ft ft ft ft ft ft ft ft ft ft ft ft ft ft ft subsequently withdrawn. Mr. Waddell stated that he is a farmer and has liv ed Beauford thirty years. He has a family. He was accepted by both sides and was swoin. This was at 3:15 p. m. Daniel Foley of Mankato township was called. The defense had no chal lenge. The state challenged for impli ed bias and the delense admitted it and the juror was excused. John Nelson of Ceresco said that he takes the St. Paul Dispatch, Lake Crys tal Union, and a Scandinavian paper. Tne defense challenged for actual bias. The juror had read and heard about the case. He had formed an opinion, and still had it, and it would take some evidence to remove it. Answering Mr. Wilson, the juror said that he thought that he could, try the case fairly and impartially. The challenge was found to be true, and the juror was excused.