Grand Rapids Herald-Review Newspaper, January 28, 1905, Page 4

¢URY IS UNABLE TO AGREE AND 1S DISCHARGED BY JUDGE WEBBER. WILL ASK CHANGE OF VENUE SECOND TRIAL WILL BE HELD IN SOME COUNTY OTHER THAN BROWN. i OR. KOCH MAKES STATEMENT {NTIMATES THAT SOME OF THE JURORS WERE PREJUDICED’ . AGAINST HIM. New Ulm, Minn., Jan. eae Geo. R. Koch will have to undergo a tetrial on the charge of murdering Dr. Louis A. Gebhardt. The second trial in all probability will be held in some coun- ty other than Brown, for it practically was decided yesterday that a change of venue will not be seriously opposed by the attorneys for the defense, pro- vided the case is sent to some county acceptable to them. : The jury yesterday morning, report- ed that it could not agree on a verdict and it was discharged by Judge Web- ber. The final vote stood 9 for acquit- tal and 3 for conviction. Who these three jurors are is a matter of consid- erable discussiom in New Ulm, but so far nobody outside the jurors them- selves has been informed. The jurors before making their report are said to have taken a joint pledge that the vote of each would not be divulged. First Vote 7 to 5 for Acquittal. The first vote taken by the jury re- sulted in 7 for acquittal and 5 for con- viction. This division is said to have continued until Thursday morning, when one of the jurors in favor of conviction was won over. Later in the day another switched, but no mann¢gr of argument or persuasion could change the other three, and it was finally decided to report a disagree- ment. , The change of venue will be asked by the state, Judge Childs announcing in court that such a motion will be made. Judge Webber intimated that the motion will be granted, and he also indicated that he is desirous of send- ing it out of the Ninth district. The attorneys for the defense were anxious for a_ retrial at the present term of court or at a special term to be held in February. This was not ap- proved by the court, who denied both motions. Think Bail Will Be Denied. There is some question whether Dr. Koch will have to remain in jail pend- ing his retrial. His attorneys moved that bail be allowed, and were opposed py Gen. Childs. The general opinion is that the judge will deny bail. When court adjourned just before noon it was with the understanding that the attorneys should get together in conference to agree if possible, on a county to which to send the case and to report in court this morning. such a conference was held, but noth- ing definite was accomplished. Prop- ositions were made on both sides, and it was finally decided to hold the mat- ter open until Jan. 28. Meanwhile the attorneys will endeavor to come to an agreement. Among the counties suggested are Redwood, Lincoln and Lyon, in Judge ‘Webber's district; Blue Earth and Watonwan, in Judge Gray’s district; Waseca, Steel and Dodge, in Judge Buckman’s district. dury Sends Word. Judge Webber yesterday morning was in chambers early, expecting some word from the jury room. Short- ly before 9 o’clock one of the bailiffs arrived to announce that the jury was ready to report. The attorneys were called by telephone. Sheriff Julius was directed to bring in the defend- ant, after which the jurors filed’ into the room. The attorneys and_ spectators showed more concern than did the de- fendant. Dr. Koch displayed little or no emotion. The jury’s report was handed to Sudge Webber, who read it carefully. “Gentlemen, are you unable to come to an agreement?” the judge asked. “we are,” responded Mr. Penning. “There is no possibility of an agree- ment being reached by you?” “No, sir; it will be impossible for us to agree.” Judge Webber thanked them for their conduct during the trial; re ferred to the expense borne by the county; thanked the attorneys and newspaper men for courteous treat- ment, and then announced that the jury was discharged. Dr. Koch’s Statement. “The failure of the jury to come to CROKER IN FATAL CRASH. Receives Injuries Which Prove Fatal, While Chauffeur Is Instantly Killed, Daytonia, Fla., Jan. 24. — While speeding his racing automobile on the peach Saturday Frank Croker, son of Richard Croker of New York, collided with a motorcycle chair driven by a jotel employe. Mr. Croker was so seriously injured that he died yester- day. His chauffeur, Raoul, was thrown forty feet in the air and landed on his forehead. killing him instantly. did not see how there could question about my innocence in the eyes of any fair-minded jury. I am confident now that the jury would have had no trouble 4n arriving at a verdict of acquittal, had it not been for the heavy pressure brought against some of them by the people who want to see me hanged for a crime which I did not commit, nor have anything to do with. . “I am anxious for an early retrial, and feel certain that the verdict will be for acquittal. The only thing | ask is that men who have made up their minds that I am guilty be kept off the jury. “I am told that among all who heard the evidence presented against me no- body has been heard to say that there was a possibility of conviction. The best my accusers expected was a dis- agreement, which they got. Perhaps they were well informed as to some of the jurymen. It looks that way to me. “I have no criticisms to make. I ex- pect to be vindicated in the end. I hope that no-other young man will ever be pursued as I have been pur- sued by men who are bent upon my life, at any cost, guilty or not guilty. “I think I am entitled to a fair trial before an impartial jury, not a jurye}- with some men who made up their minds before they were sworn. “I feel that if all the twelve men who went into the jury box had been unprejudiced and had based their opinions as-to my guilt or innocence upon the evidence presented in’court, they would have been of one mind. —“George R. Koch.” DR. GEORGE R. KOCH. REVIEW OF THE CASE. Main Features Disclosed by Official In- vestigation. The murder of Dr. Louis A. Geb- hardt, for which Dr. G. R. Koch was tried, was one of unusual interest, in- asmuch as both men were prominent in social as well as professional life in New Ulm. The men had been friends, and had performed for each other acts of professional courtesy. The murder occurred on the night of Nov. 1, and was of a particularly horrible nature. Dr. Gebhardt had been engaged in some work in his den- tal laboratory, which was located over the office of the New Ulm Review. Men working in the printing office be- low heard him at work at 9 o'clock. They heard a man going up the steps to Dr. Gebhardt’s office, and a little later pedestrians on the street heard outcries. Editor Asa P. Brooks, sitting at his desk below Dr. Gebhardt’s office, heard sounds of scuffling. He heard furni- ture being shoved about. His: curios- ity being aroused by the unusual noisy disturbance overhead, he went upstairs and tried the door, but found it lock- ed. He climbed on the stair banister and looked through the transom over | the door to Dr. Gebhardt’s office. A bright light illuminated the room and directly underneath the room he saw the form of a man lying on the floor, and over it was bending another man, who was sawing away at his victim’s throat with a knife. 4 The murderer looked up at the tran- som, and his eyes met those of Mr. Brooks, and they gazed into each oth- er’s face. Brooks testified on the stand that he did not recognize the man bending over the form of the dead. Brooks then went down to the street and summoned a man whom he saw PROBE WHITE PLAGUE CAUSE. Washington, Jan. 24.—The secretary of the treasury yesterday sent to the senate a request that there be added to the estimate for preventing the in-, troduction and spread of epidemic dis- eases a provision permitting the use of an appropriation for the special in- | quiry into the cause for the prev- alence or spread of tuberculosis and typhoid fever. The secretary asks that $100,000 be added to the appropriation in order to promote the inquiry. | the rumors. ‘He also did not get a glimpse of his face. He| saw only his head and shoulders as he moved along the wall to a rear room. ' They summoned help and the door was broken in. One of the city police- men was there, and as they entered the office they heard sounds of some one moving in an adjoining office, but none was brave’ enough to attempt to see who it was. In the meantime the murderer had pushed the screen out of the window, leaving bloody marks on the window sill. He dropped to the ground below and escaped. The body of the murdered dentist was found lying in the middle of the floor in a big pool of blood. His skull had been crushed with a hammer and his throat had been horribly mutilated in the region of the jugular vein with a knife. Blood was scattered every- where,’ and the furniture of the room was strewn about in confusion, giving evidence of a terrible struggle. Floating on top of a large pool of partly coagulated blood near the head of the murdered man was a new lead pencil, bearing the advertising mark of a local lumberman. The hammer was there, bloodstained: It was after- wards identified as one seen some time previous in the barn of the Koch homestead.’ This led to suspicion against Dr. Koch. Dr. Gebhardt was buried, and, at the funeral services, Dr. Koch, the accused murderer, sang in the choir of the Con- gregational church. The next day Dr. Koch was openly charged as being sus- pected of the’ murder, and witnesses told of his collapse when he heard of Later, through the ef- forts of a citizen’s investigating com- mittee, who hired attorneys and detec- tives to probe the mystery, Dr. Koch was formally charged with the crime. County Attorney Hoidale, because he was a law partner of Somsen, who is a brother-in-law of Dr. Koch, was cen- sured for his apparent apathy. He re- signed from the state’s part in the case, and ex-Attorney General Childs was appointed to represent the state in the prosecution. The trial began Jan. 2, and was concluded when the case was given to the jury at 4:28 o'clock, court being in continuous ses- sion, except Sundays, for eighteen days. Never has there been within the bor- ders of the commonwealth of Minne- sota a greater murder trial, possessing such elements of mystery, such poten- tialities for romance, such vivid back- ground of passionate struggle. The terrible mystery which surrounded the killing of Louis A. Gebhardt, as he was at work in his offices on the night of Nov. 1, has never been adequately ex- plained. The trial of Dr. G. R. Koch has been a trial wherein no motive for the demoniacal crime has been shown. It has been the presentation of a series of related facts connecting the defend- ant with the crime upon the one hand and the refutation of the charge, upon the other. It has been a trial pregnant with possibilities for sensational dis- closures. But these disclosures never came. ? Wrapped in its mantle of mystery, the death of Dr. Gebhardt remains the central figure. Nothing is certain save that he was killed, killed with the bru- tality of the shambles, hacked and hewn and hammered as a man would be killed by one who sought the satis- faction of a vengeance which extended beyond death. BADGER GAME WARDEN BUSY. Hae ihe Confiscates Venison and Grouse En Route to Chicago Man. Stevens Point, Wis., Jan. 24.—State Game Warden Brown confiscated 600 pounds of venison and grouse, shipped via the National express on the Wis- consin Central, and removed the same from the train at this station. The | a vote of 165 to 12. game was shipped by E. H. Williams of St. Paul to A. B. Aaron, 118 South Water street, Chicago. St. Paul, Jan. 18.—Senator Moses BE. Clapp of St. Paul was re-elected Uni- ted States senator for the term be- ginning March 4, 1905, and ending March 4, 1911, by the house and sen- ate in separate session yesterday by Senator Clapp re- ceived the vote of every Republican legislator present except A. K. Ware of Northfield, who voted for Frank Clague of Lamberton, speaker of the house. Of the twenty-two Democratic legislators, seven’ voted for Clapp and twelve for Mayor Robert A. Smith of St. Paul, three being absent. The house and senate will meet in joint session at noon to-day to approve the roll call of the two branches of the legislature. The Democratic » house members who voted for Senator Clapp are Rep- resentatives W. H. Meyer of Waseca, Peter Lynch of Foley, M. J. O’Laugh- lin-of Lake City and H. T. Ramsland of Sacred Heart. Democratic Senators who voted for the junior senator are Senators , Julius, Coller of Shakopee, F. E. Dutoit of Chaska and H. H. Witherstine of Rochester. Hennepin Is Unanimous. Every one of the Republican legis- lators from Hennepin county, both in the senate and house, were present and voted for Senator Clapp. The election was made a special or- der of business in the house at 11 o'clock, and it took place in the sen- ate at noon. ‘Senator Clapp was nom- inated in the house by Representative M. D. Flower of St. Paul and in the senate by Senator A. R. McGill of St. Paul. Representative J. H. Dorsey of Glencoe nominated Mayor Smith in the house and Senator Albert Schaller of Hastings in the senate. Legislative Business. The constitutional amendments on the subject of taxation recommended by the tax code and considered at the special session of 1902 were intro- duced in the house yesterday by Rep- resentative W. D. ashburn, Jr., of, Minneapolis. The amendment inau- gurates what is known as the wide- open policy to a greater extent even than the amendment introduced by Representative Roberts some days ago. They provide for the apportionment | of state taxes to counties and make no constitutional exemptions, leaving such matters to the legislature. Tr&ding of votes by members of the Minnesota legislature or an offer to trade a vote, is made bribery just as much as an offer of money by an out- sider, by the terms of a_ bill intro- duced in the house yesterday by Rep- resentative M. D. Flower of St. Paul. The measure also extends the statute regarding bribery of members of the legislature to members-elect, and for- bids any attempt to influence their action either before or when they be- come members. Representative John Zelch of Cot- tage Grove introduced in the house a bill increasing the state appropriation for aid of county fairs from $14,000 to $28,000. Senator Albert Schaller of Hastings, Democratic leader in the senate, made a determined but unsuccessful effort in the session yesterday to recall Sen- ator Hiler H. Horton’s bill providing for the temporary care of the new capitol, which was passed by the sen- ate on Monday evening. The vote to recall the bill was 13 to 39. Senator George R. Laybourn’s grand jury bill was introduced in the senate yesterday. It provides that grand juries shall not be summoned except on motion of the judge of a district court, who may act on his own yoli- tion or in accordance with a request of a majority vote of the county com- missioners of the county in which the crime was committed, or on a petition signed by at least 250 electors. Senator Wilson introduced a_ bill placing the settlement of timber tres- pass cases in the hands of the timber board instead of the state auditor. St. Paul, Jan. 19. — Senator Moses E. Clapp was declared elected United States senator by Speaker Frank Clague at noon yesterday in the pres- ence of the sénators and ,the represen- tatives in joint session. The speaker’s proclamation was ut- tered after the joint session had ap- proved the minutes of Tuesday's ses- sion of the house and the senate. when Senator Clapp received a major- ity of the votes in both houses. After the speaker’s proclamation, Chief Clerk Julius Schmahl read the following telegram from Senator Clapp, dated at Washington: “Hon. Frank Clague, Speaker of the House” of Representatives, St. Paul, Minn.: May | ask you to kindly con- vey to your body my grateful appre- ciation of the token of esteem and confidence evidenced by my re-elec- tion and appreciation, which is deep- ened rather than lessened by my ab- sence at this time. fi —‘Moses E. Clapp.” Senator Clapp received 165 votes, 111 in the house and 54 in the senate. Mayor R. A. Smith, the Democratic candidate, received 12 votes, and Speaker Frank Clague 1. Private banks in Minnesota are abolished in a bill introduced by Sena- tor A. O. Eberhart. The measure pro- vides that no person, firm or corpora- tion not authorized by the public ex- aminer to do a banking business, shall use any sign, letter heads, receipts or stationery of any kind indicating that the office is maintained for banking purposes. A measure to guard against the de- struction of life and limb by automo- biles was introduced in the senate by Senator R. E. Thompson. The bill regulates the speed of automobiles and requires owners to register with the secretary of state. Free employment bureaus in all cities of more than 50,000 inhabitants, maintained by the state department of labor, are provided for by a bili in- troduced in the house by Representa- tive John Selb. Persons in custody of a person con- victed of a crime or connected with court by which he was convicted can make only signed written recom- mendations to the state board of par- dons under a Dill introduced by Rep- resentative J. R. Morley. The bill is intended to do away with conflicting or reports of conflicting recommenda- tions by such persons, and give the board of pardons a definite written record on which to base its actions. St. Paul,‘Jan. 20. — The election of delegates to state conventions at the regular fall primary election is pro- vided for in a bill introduced in the house by Representative H. A. Rider. The bill amends the primary law by providing that the primary election held for the nomination of candidates for elective offices shall be held the | second Tuesday in July preceding any general election, and includes the del- | egates to state conventions in the list of candidates to be voted for. The adoption of the revision of the general laws of Minnesota without amendment was urged in the house by Representative J. R. Morley, who moved that the rules be suspended and the bill be given its second and third readings and placed upon its final passage. The motion failed to receive a second, and the revision was referred to the judiciary committee. The revised code was introduced by Representative W. B. Anderson of Wi- nona as one bill, and Mr. Morley’s mo- tion came as a complete surprise. . The employment of an expert ac- countant to make a thorough investi- gation of the various state offices is authorized by a resolution introduced in the house by Representative P. E. Dowling. A monument to commemorate the part taken by the First Minnesota bat- tery in the battle of Shiloh is pro- vided for by a bill introduced in the house by Representative S. R.*Peter- ‘son. Representative A. Hannaford fered a resolution in the house pro- viding for an investigation of the sys- tem of weighing and inspecting grain in vogue in Minnesota. Radical changes in the law govern- ing the eonstruction of drainage ditches to benefit private lands are made by the revision of the statutes, according to Representative B. S. Ben- nett. No important business will be trans- acted in the senate until the report of the statute revision commission is disposed of in some form. The sen- ate was inl session.just eleven minutes yesterday morning. The only thing that occupied the attention of the sen- ators were the roll call, the prayer by the chaplain and the election of Sen- ator R. E. Thompson of Preston as sec- retary pro tem. The lull in senatorial activity was caused by the failure of Senator Geo. P. Wilson of Minneapolis, who intend- ed to introduce the revision of the code in the form of a bill, to appear at the session. The senator was de- tained in Minneapolis by a suspension of street car service. St. Paul, Jan. 21.—The members of the house ran rampant yesterday in the introduction of bills, Twenty-four were introduced. Two bills abolishing bucket shops, one limiting the powers of the board of control, several for claims ra: 3 in amounts from $5,000 to $6,000, and of- ] nosed to the disease. the life of the were another extending capitol commission one year among the most important. R. J. Wells would abolish bucket shops and “bucketing” in every form. In his bill he brands “bucketing,” or, to be more specific, “dealing in fu- tures,” as gambling, pure and simple, and provides a fine of not less than $500, and imprisonment in jail’ for a violation. No corporation or institu- tion is exempt. G. Erickson’s bill exempts _legiti- mately organized boards of trade and chambers of commerce and would con- fine his prohibition entirely to individ- uals and so-called irresponsible cor- porations. R. S. Morak introduced a bill to give the present capitol commission an- other year’s lease of life, after which the new building would pass into the hands of a commission to be composed of the governor, auditor, secretary of state and attorney general. They would have general supervision over the building and the power to employ and discharge all help needed for its care. For the maintenance of the building Mr. Morak provides an an- nual appropriation of $40,000. A bill directed at the curtailment of the powers and duties of the board of control was introduced by Mr. Morley. He would take fronr the man- agement of the board the university, the state normal schools, the schools for the deaf, dumb and blind and the state public schools. Further labor legislation urged by the State Federation ot Labor was fathered by Mr. Selb, amending the constitution to the extent of prohib- iting the legislature from limiting the amount recoverable for injuries in case of death, and a bill by Mr. Has- kell requiring the filing of sales or as- signment of wages withyemployers. Mr. Lund of Minneapolis had a bill raising the minimum price for state schoo] lands to $10 an acre. The pres- ent figure is $5 an acre. The house adjourned to 10 o'clock Tues morning. The senate met for a short session and adjourned till 10 o’clock Tuesday ; morning. Five bills were introduced and referred. One of these, by Senator Wilson, has to do with the new revised code. It provides that the general laws of the state be revised, consolidated and ar- ranged in the manner accomplished by the commission, which revision is to be known as the “Revised Laws of Minnesota.” The revision is not to be in operation till Dec. 1 of this year. Senator Jepson introduced another fellow-employe act. According to this proposed measure every person or corporation shall be liable for all dam- ages sustained by any agent, servant or employe without any contributory negligence on his part in consequence of the fault or negligence of the mas- ter or the fault or negligence of any other agant. MANY HAVE SMALLPOX. Seventy-Eight Cases Are Reported for Last Week. Of 78 cases of smallpox reported to the state board of health for the week ending Jan. 16, 70 had never been vac- cinated, 2 had been vaccinated thirty- five years ago, 2 in 1875, 1 in 1898, and 1 three days after he had been ex- The cases were scattered in fourteen counties, and the number is the largest reported for sev- A peculiar feature of the report is the number of cases in families. One family in Mower.county reports ten cases. In another family there are sev- en cases and in a third eight cases. The largest number of cases report- ed was in Stearns county, where there were 25. Todd county comes next with 18 cases and Mower county third with 10. Ramsey county reports only one case, the first in several months. COST OF THE NEW CODE. State Has Expended $67,766.80 for Re- vising Statutes. The state auditor has completed the -figures on the cost of revising the Stat- utes of Minnesota. The total cost of the work was $67,766.80 in salaries and: miscellaneous expenses, leaving in the fund $17,233.08 to defray the cost of printing the report. Among the items are: Hiram F. Stevens, $12,653.63; T. J. Knox, $13,- 788.17; Daniel Fish, $13,740.89; M. R. Taylor, $8,514.23; Francis B. Tiffany, $2,200; Charles W. Farnham, $1,975; L. P. Everdell, $2,000; N. L. Hallowell, $414.67; Orville Reinhardt, $75; type- | writer, $90.50; J. O. Pierce, $60; West Publishing (editorial work), $7,574.75; Century Dictionary, $45; Elizabeth N. Baker, $3,925; miscellaneous costs, $710.08. nen meme 0 0 0 0 OO oueueesee en 000 0 0 0 OO OO OO eee CARTER IS ELECTED. t Former United States Senator Sent Back to Washington. Helena, Mont., Jan. 18.—Thomas H. Carter, former United States senator, was yesterday, on the sixth ballot of the session, elected United States sen- ator for the term beginning March 4, to succeed Paris Gibson, Democrat. All but one of the Republicans voted for Carter and one fusionist voted for him, The Democrats with two excep tions voted for W. G. Conrad. . ARMSTRONG WILL RESIGN. Assistant Secretary of Treasury Will Accept Business Position. Washington, Jan. 18.—It is learned from a high source that Robert B. Armstrong, assistant secretary of the treasury, in charge of customs, has indicated to the president and Secre- tary Shaw his purpose to resign to ac- cept an important business position in New York. It is understood that Mr. Armstrong’s resignation Will take ef- fect on March 4. DEFECTIVE PAGE MORMONS IN REBUTTAL. Smoot Defense Takes Up Endowment House Testimony. Washington, Jan. 19, — Attorneys for Senator Smoot yesterday put upon the stand witnesses to discredit the testimony of the three witnesses for the Protestants who gave what they alleged to be the oaths taken by Mor- mons who go through the temples and take the endowment ceremony of the Mormon church. The session was shorter than usual yesterday because of the absence of witnesses. Ne