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The Minneapolis journal. (Minneapolis, Minn.) 1888-1939, May 12, 1905, Image 1

Image and text provided by Minnesota Historical Society; Saint Paul, MN

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn83045366/1905-05-12/ed-1/seq-1/

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JOUENAIi
Thursday
16 Pages
ft.
.1* fr.i
-i
NEAREST
,-Competitor
14 Pages
87 Columns Adv.
59 Cols. Blading
64 Columns Adv.
67 Cols. Beading
PBIOE TWO CENTS.
Lack of Business Cause Them to
Release Thousands of
Men.
AGGRESSIVE CAMPAIGN
FOR TEAMSTERS IS ON
THOUSANDS LAID
OFF BY STRIKE
EMPLOYERS' NEW |NAN PATTERSON
MOVE IN CHICAGO
Big Houses Will Give Strikers
Until Next Week to Re
sume Work.
Chicago, May 12.Employers today
began the execution of a new policy as
to the teamsters' strike, mep. various
manufacturing industries being laid off
because of the lack of business, a con
dition brought about by the strike. At
the Employers' association's office it
was said the number of men laid off be
cause of dullness trade and conse
quent lack of demand for manufactured
goods would run into the thousands and
would continue unless normal business
conditions returned soon.
Hundreds of wagons were sent out
today by strike-bound houses, adver
tisements for teamsters filled the news
papers and on every side was evidence
of the aggressiveness of employers.
The department stores, in large adver
tisements, announced that men are
wanted to "fill permanent positions" as
teamsters and drivers. Protection Was
promised and most of the advertise
ments state that "union or non-union"
men will be accepted.
Blacklist to Be Made Up.
The employers' association is said to
be making up a "blacklist." The
strikers are to oe given until next week
to return to work. After that they will
be unable to get employment as team
sters from a boycotted firm. It is
stated that 2,400 of the 4,300 vacancies
caused by the strike have already been
filled.
More School Strikes.
Spread of sympathetic strikes among
public school children received a new
empetus today. Pupils of the Carter
H. Harrison school at Twenty-third
street and Wentworth avenue went on
a strike when wagons of the Peabody
oOal company airived at the building
to deliver coal. The Peabody company
is a member of the Employers' associa
tion and has been active delivering
coal with non union teamsters to firms
antagonized by the strikers.
Police were still on guard today at
.the Hendrieks public school, where a
strike similar to that at the Carter
Harrison school had not entirely sub
sided.
Boy Arrested as Strike Leader.
Henry Hanson, 15 yeais old. the al
leged" leader of the strike at the Harri
son school, was arrested, charged with^hag^erv muahwi5e~aid:
disorderly eondtfet. Trincipaiw O. The distriot attorney lias,
Payne declared that about 1,500 of the
1,700 pupils were out. He said lie had
advised many of the parents to take
their children from the school until
peaceful conditions were restored.
There was practically no interference
with the non union drivers, and but lit
tle disorder today.
The ftfn'eral of George Pierce, a mem
ber of the Department Store Drivers'
union, who was shot byb George T. Wal
dron, a special deputy sheriff, took place
today. A parade of labor organiza
tions accompanied the corpse, members
of the Department Store Drivers union
wearing a butting having this inscrip
tion inside a deep black border:
"We mourn the loss of a murdered
brother."
OYAMA TO LAUNCH
A DOUBLE BLOW
With Two Additional Armies He
Will Move Against Harbin
and Vladivostok.
Special to The Journal.
London, May 12.A St. Petersburg
special says the gravest fears aie felt
there regarding the issue at the coming
land battle between the Eussians and
the Japanese. Members of the general
staff are convinced that Oyama, who
will shortly receive two new armies, the
sixth and seventh, consisting of 160,000
men, is preparing for a great attack
on Harbin and Vladivostok with more
than 600,000 troops and 2,000 guns.
The Japanese consider it necessary to
deprive Eojestvensky of his last base in
the Pacific' waters, and the sixth army
of 100,000 men under General Hasgawa,
which lately reached Gensan, will soon
advance northward and endeavor to
force the river Tumen in order to invest
Vladivostok in the beginning of the
summer.
General Andreiff will actively defend
the Tumen and delay the enemy's ad
vance as long as possible.
Meanwhile Oyama, with over 500,000
men, will march against Linevitch,
whose forces are inadequate for de
fense. It is assumed that Oyama's
main forces will occupy the Kirm line,
while Hasagama is forcing the Tumen,
whereupon the seventh Japanese army
will move eastward to Nm-gu-ta, and
enter into contact with the forces be
sieging Vladivostok.
The numbers of the Eussian army fell
in February from 350,000 to 200,000
men, but reinforcements have been for
warded since the return of soliders
lightly wounded has raised it to 335,-
000, and at the beginning of May it
amounted to 370,000, axclusive of the
45,000 in Vladivostok. Therefore,
against Oyama's 610,000, Linevitch will,
dispose of 370,000, while the Vladivo-
oppose only 45,000
afs
100,000. Obvi-
Stok garrison will
troops to Hasaga\
ously Linevitch must withdraw to Har
bin, where the final issue of the Russo
Japanese w^r will be fought. The Jap
anese will not allow the Bussians time
to construct a formidable field de-fense.
The Japanese are awaiting an order for
a general advance.
OFFICERS CHOSEN BY B. P. Y. U.
Kansas City, May 12The election of
officers of the Baptist Young People's
union resulted in the selection of Dr L. O.
Lawson of Tuscaloosa, Ala., as president
Rev. H. W. Virgin, Nevada, Mo., first
vice president B. Neiff of Alabama,
second vice president, and W. W. Gaines
of Georgia, secretary.
IS FREE AT LAST
i
Showgirl Released on Her Own
RecognizanceWill Go to
Her Mother.
Showgirl Is Admonished by the
Judge to Heed Lesson of the
Trials and Imprisonment.
New ork, May 12.Nan Patterson,
the one-time Florodora shiwgil, was re
lease from the Tombs prison today after
almost a year withm its walls awaiting
a determination of the charge that she
had murdered her protector, "Cesar"
Young, a racetrack bookmaker.
She will leave for Washington at
3:25 o'clock this afternoon.
As Miss Patterson left the criminal
courtroom, sho was met at the thresh
hold by her father, who threw his arms
around her and exclaimed: "Thank
God, may daughter."
As she left the building, Miss Pat
terson was loudly cheerea by a crowd
of 2,000 persons. She was ariven in a
carriage ta hertwo lawyers' offices in
the World building, where Bhe remained
a short time.
When she left that building, an
other outburst of cheering and hand
clapping by a crowd greeted her. She
then went to the St. Paul hotel, where
she had lived before Young's death.
Jerome Moved Release.
Miss Patterson's release was made at
the instance ot District Attorney Jer
ome, who said he did not believe an
other trial would result other than in
a disagreement. At the same time he
declared that there had been a serious
miscarriage of justice. He said many
of the newspapers had labored to cre
ate sympathy for the girl and that this
case had caused one more step in this
county toward trial by newspapers rath
er than trial by iury."
He approved of all his assistant, Mr.
Band, had done, or said in conducting
the case and added:
"The people for whom I care ap
prove our action. From the sane part
of the community we have received
nothing but fairness. I have received
tion that admits of no doubt that there
was unanimity in the iuryroom on three
pointsfirst, "Morgan Smith bought the
pistol second, Nan Patterson took the
pistol in the cab with herj third, Cesar
Young did not commit suicide. I ask that
the prisoner be discharged on her recog
nizance.
Miss Patterson, when she came jnto
court, was smiling gaily, but as Becord
er Goff began ta address her, the tears
came into her eyes and before he con
cluded, she was weeping.
Go and Sin No More."
The recorder spoke with a kindly
note in his voice that seemed to affeot
aeen fit
to recommend your discharge. I fully
coincide with him, and believe that the
interests of justice will be fully sub
served by grantink this motion.
There have been two trials, and in
each of them the jury failed to agree.
These two trials must have been ter
rible ordeals to you.
"There is nothing I can add in this
case that has not already been said,
but let me entreat you, in all ypur fu
ture life, to remember the terrible ex
perience thru which you have just
passed, and' to permit every action of
your life hereafter to be guided by
that experience. I feel sure that you
will do so, that you will remember your
ordeal."
Smiths Are Released.
J. Morgan Smith and his wife, Mrs.
Julia Smith, Nan Patterson''s sister,
were discharged from custody by Judge
Foster ,in the court of general sessions
today. Both had been held on a
charge of conspiracy in connection with
the Patterson case.
As soon as he was discharged, Smitn
was re-arrested on an attachment for
failing to obey a subpena issued by the
fempd
rau jury, and was fined$250 for ooa
of court.
SAM SHUBERT ON
WRECK DEATH LIST
New York Theatrical Manager
Among the Victims of Penn
sylvania Railroad Disaster.
Harrisburg, Pa., May 12.Sam S.
Shubert, the wel-known New ork the
atrical manager, died at 9:50 a.m. at
the Commonwealth hotel, where he was
taken soon after he escaped from the
burning wreck of the Cleveland & Cin
cinnati express on the Pennsylvania
road Wednesday night. Abe Thal
heimer, one of Mr. Shubert's personal
representatives, and his attorney, Wil
liam Klein of New ork, who were with
him in the wreck, have almost recov
ered.
Mr. Shubert and his companions were
on their way to Pittsburg to close a
lease for a theater in that city and
were among the first to escape from
the wreck.
Mr. Shubert was one of the most suc
cessful of the younger theatrical man
agers in the country, From newsboy
in Syracuse, less than twenty years
ago, he and his brother, Les Schubert,
rose thru the ranks until now the part
nership controls several theaters in
New ork^a dozen or more in other cit
ies in this country and one playhouse in
London, aB well as several companies
which haye produced successful plays.
The exact number of lives lost in the
wreck is not yet known. Eleven bodies
have been identified ahd nine of charred
corpses await recognition at the tem
porary morgue.
Superintendent W. B. Caleb of the
Pennsylvania railroad said today that it
is impossible to tell what the number of
fatalities will be.
Of the 136 injured, 106 received treat
ment at the .hospital. Of this number,
50 remained there and the 6 deaths that
have occurred leaves the number still
there 44. Several of the injured are in
hotels.
^Russian Officer Shot Dead.
Ninni Novgorod. May 12.Lieuten-
ant Colonel Grescnner of the gendar
merie was shot dead as he was enter
ing his residence at midnight on his
return from the theater. The house
watchman was seriously wounded. The
murderer, who was captured, gave his
name as Nikiforof.
PRESIDENT'S PLAN
HAS SOUND RASIS
Roosevelt Would Not Have Gen
eral Rate-Making Power Con
ferred on Government.
By W. W. Jermane.
Washington, May 12.Since April 17,
when it began its railroad hearings, the
senate committee on interstate com
merce, thru the majority of the wit
nesses appearing before it, has been try
ing to hammer into the public mind
that what the president is after in' his
effort to secure legislation for the con
trol of railway rates is the general rate
making power in short, the appoint
ment of a commission which shall have
authority to fix all rates in the country
at its pleasure.
The statement has been made so fre
quently that a large part of the public
has cause to believe it, and much of
the opposition to the president's plan,
it is fair to say, has been1
In Germany and Prance.
The strongest argument against giv
ing the government the power to fix
rates is found in the experience of Ger
many and France, where that has been
the rule for many years. In Germany
nearly all the railroad mileage is owned
by the government. In France the most
or the mileage is in private ownership,
but the government fixes the rates.
The custom was established in Gerr
many in 1878, at the suggestion of Bis
marck, and it will not be abandoned,
for the revenues from railways defray a
considerable portion of the government
expenses and abandonment would
mean an increase of taxation, to which
the people would not consent.
In France government control has so
crippled railroad enterprise that nu
merous appropriations have been made
from year to year, out of the national
Continued on 2d Page, 2d Column.
HBMrarawiramflra^
STICKNBY HURLS BOMB AT
ROADS IN RATE LAW FIGHT
8
predicated
on this view, which is now found to
be false.
Taft Statement Authoritative.
An authoritative statement has been
made by Secretary Tafe to the effect
that the president wants no Buch au
thority lodged with a federal commis
sion, and that such authority would in
deed be destructive of commerce and in
dustry, as the railway managers have
beeto? charging. The president wants a
federal commission to have the power
to fix any rate that has been complained
of, and not to fix rates indiscriminately
in advance of complaints.
In other words, the federal commis
sion is to confine its activities to liti
gated cases.
It now remains to be seen whether
this explanation of the president's posi
tion will alter the character of the tes
timony which the senate committee is
hearing or affect public sentiment.
What the Shippers Ask.
E. P. Bacon of Milwaukee, repre
senting the shippers in a demand for
government rate regulation, said before
the senate committee the other day that
the shippers did not want the govern
ment to have the general rate-making
power, and in his opinion he agrees with
the latest interpretation of the presi
dent's position.
The railroads admit that any power
over a part of the rate question would
involve power over the whole of it, and
that if the commission were given
power as advocated by the president,
that power would in a few years amount
to the government control of all rates,
for, the railroad men argue, the com
mission would establish a few basic
rates to which the country as a whole
would have to conform and the situa
tion in America would in time be what
it ja in Germany and France.
-$
STICKNEY TAKES
ROOSEVELT'S VIEW
Washington, May 12^-A. B.
Stickney, president of the Chicago
Great Western, has filed with the
senate committee on interstate com
merce, a statement in avof or giv
ing the interstate commerce com
mission power to fix rates. He says
the commission would be the most
satisfactory arbiter possible.
Speaking of rebates, he says that
"since tae injunctions the traffic
directors have stopped paying re
bates on grain shipments, but in
lieu thereof have paid elevator fees,
which is another n?ay of giving
bates.''
A government commission, he
says, would be untrammeled by
competition ora desire to secure
tonnage for any particular line and
could frame an equitable schedule.
$
ISTHE NORTHWEST
PASSAGE FODND?
Norwegian Explorer of the Arc
tics Believed to Have Suc
ceeded in Quest.
OAPTATK &6AX.D AMtTWDfOW,
Who Is Thought to Have Found thft
Northwest Passage.
San Francisco, May 12.The Nor
wegian consul here has received an or
der for provisions /to be^sent north on
a whaling vessel f^ Cbajtain Bonald
Amundsen, ur^fWftA **W*?SM
0
sj&lejdJkojn kortflSJ on June 17,1908, in.
an endeavor to find the northwest pas
sage.
From the fact that supplies are to be
sent north by the Pacific ocean, it is
argued that ihis great quest of Arctic
explorers for more than 400 years has
been successful, and that the explorer
will soon appear on the Pacific coast.
Captain Amundsen, who passed
Greenland, bound for King William
Land, is said to have located the north
magnetic pole and to have found the
monument erected by Sir John Franklin
when that ill-fated expedition perished.
CLEVELAND HOME FROM CRUISE.
New York, May 12.Former President
Grover Cleveland has returned from a
cruise In southern seas, which began two
weeks ago on E C. Benedict's steam
yacht, Oneida. Mr. Cleveland left the
yacht at once for his home in Princeton,
N. J.
THE LIB IS STILL DOWN.
FRIDAY EVENING, MAY 12, 1905. **V^ ~V 26 PAOESFIVE O'CLOCK.
RAILROADS ROLE
IN RATE HEARING
Senate Committee Strongly Pro
Railroad and Shippers Are
Scared Into Aiding.
By W. W. Jermane.
Washington, May 12.It is an
nounced informally that the senate
committee on interstate commerce will
probably end its hearings on the rail
road rate question about May 22, this
being about the longest time it can hold
its members together, owing to previous
ly made summer plans.
In a few days the committee will an
nounce an executive session at which it
will consider the testimony as a whole
and try to see how the members,stand
on the general question, but nothing, it
is said, will be done looking toward for
mulating a report until two weeks be
fore congress meets in extra session.
That the committee will recommend
certain changes in the interstate com
merce law in addition to the changes
suggested by regulation of private, car
lines and terminal railways, was indi
cated yesterday in what Senator Elkms
said to Governor Cummings. Just what
these recommendations will be cannot
now be ascertained with any certainty.
It is conceded, however, that they will
fall short of meeting the ideas of Presi
dent Roosevelt and the shippers repre
sented by E. P. Bacon of Milwaukee.
Queer Opposition Unity.
For the past two weeks the committee
has heard scores of shippers, big and
little, all of whom are in opposition to
the Esch-Townsend proposition. The
unanimity with which these gentlemen
who will be the chief beneficiaries of
this proposed legislation have come to
the front to oppose it, has aroused much
suspicion and today it was definitely
learned that their presence here has
been due to the railways, which have
been busy carrying out a campaign
among these shippers for several
months.
The shippers have had a scare
thrown into them" by the assertion
of the railways that the president's
plan looked to conferring on the gov
ernment the general rate-making power.
Identical telegrams have been sent re
cently to hundreds of these shippers in
all parts of the country, following the
"throwing" of the ''scare," asking
them to come to Washington and testi
fy against the administration idea.
Mandatory on Shippers.
These telegrams have been regarded
by many of the shippers as practically
mandatory in character, owing to the
immense power which the railways pos
sess to make things uncomfortable for
shippers who fail to obey orders.
The movement of shippers who have
been testifying is, therefore, not spon
taneous^ butcbjghjlyi artificial, and this
fact should have some weight in the
minds of all who are trying to weigh
the testimony offered to the committee.
Members Are Pro-Railroad,
In the main the members of the sen
ate committee are pro-railroad in sym
pathy, and this has been shown in a
variety of ways. It seems as if the
committee is doing its best to prepare
a brief for the railroad. The resolu
tion authorizing the committee to sit
is couched in the broadest possible lan
guage. The committee is^told to go
into government rate-making, the pri
vate car evil, the "midnight" rate
question, the terminal railroad charges
and all the other grievances. Instead,
it has confined itself within narrow
limits.
Apparently, it started out to show
that the Esch-Townsend proposition
was unconstitutional, but soon aband-
Continued on 2d Page, 1st Column.
Jaconicall.y
[CHILDS SCOURGES
KOCH AND CHIEF
WITNESS BROOKS
HOW ALB. JOHNSON
LOYED HIS MONEY
Plaintiff in Will Case Prepared to
Portray a Parsimonious
Millionaire.
Miss Dickerson Testifies that She
Paid Her Own Expenses to
California.
A millionaire whose limit for a meal
was fifteen cents who, like other
wealthy citizens, went to California
for the winter, but who livel there in a
room at $1.50 a week a man whose
life was dominated by parsimonythis
is the portrait of the late Albert John
son, promised by today's developments
in the litigation over his will.
From the foundation laid todav in
the cross-examination of Miss Edna
Dickerson, niece and sole legatee of the
deceased, it is evident that the attack
will be directed upon this point. Most
interesting revelations of a millionaire
leading almost a pauper life are pos
sible.
I knew from his kindness to his
relatives that Albert Johnson was a
man of means. He could not have done
what he did for them otherwise," de
clared Miss Dickerson, under cross-ex
amitfation in today's hearing on the
petition to prove the will.
"Did you learn this on your trip to
California when Mr. Johnson made you
pay your own fare?" asked Emanuel
Cohen, counsel for Dr. Asa Johnson, the
objector to the will.
"No, sir I did not."
Miss Dickerson's cross-examination
lasted all the morning, and is not yet
finished. The niece and heiress of the
late Mr. Johnson seemed perfectly self
tossessed She answered all questions
and with a directness evi
dently learned by long experience in
court work. She could not be made
to admit that the late millionaire was
eccentric or parsimonious.
Her Life Reviewed.
In reply to questions, the witness
gave an outline of her life. She then
described each meeting she had had
with Mr. Johnson, beginning in 1897
and continuing as often as once a year
up to the day of his death. Details of
the five weeks' California trip, begin
ning in January, 1905, were particu
larly sought. She said that she and a
Chicago friend, Miss C. M. Sherwood,
met Mr. Johnson in Kansas City by
agreement. The three then traveled to
gether, each paying his own fare, to
Bedlands, Los Angeles, San Diego, back
to Bedlands and Los Angeles, and to
San Francisco. They stopped at the
samo hotels, all- settling their own bills.
"Did you travel in Pullman care?"
asked Mr. Cohen.
"No, sir we did not."
"In day coaches!"
"In tourists."
Other short trips and visits of the
witness to Minneapolis were gone into
in detail. Asked how Mr. Johnson en
tertained her on one visit to this city,
Miss Dickerson said: "He took us for
walks, to the parks, for trolley rides,
to the rolling mill, to Minnetonka, and
several times we went driving.
Had Not Seen the Will.
Shown the will. Miss Dickerson was
asked if she had ever seen the docu
ment or a copy of it prior to Mr. John
son's death. She said she had not.
"Did Mr. Johnson ever speak to you
or write to you about the disposition
he intended to make of his property?"
"N ot until just before nis death."
"You knew that he was a very rich
man?"
I knew in a general way that he
was well to do."
"You knew that he owned a large
amount of property in the heart of this
city, didn't you?"
I knew he had some property, but I
never knew anything definite- about it."
"Did you not know that Mr. John
son was a very wealthy man?"
I did not."
"You say, do you, that the first
knowledge that you were the sole bene
ficiary named in this will came when the
will was opened?"
"N o, sir Mr. Beed told me on the
fore he died?"
"Yes, sir."
-"What did he say to you about the
will?"
"Shall I tell you all?"
11 Yes.''
"He said: 'The Hunters will be aw
fully disappointed whett they learn the
contents of my will. I suppose they
will try to break it. That will be just
like them. If they do I wantyou to
spend every dollar of my estate in fight
ing them. You will win in the end.'
"'He said: 'I trust you and I have
confidence in you, Edna. I want you
to look after my relatives as I have
done. I want you to do as I have
done by my brother, Dr. Johnson. Give
him $100 or $200 once in a while. Never
give him more than that. If you do,
the Hunters will get it away from him.
You know that I have a suit against
The Tribune. I want you to keep
fighting that suit just as I have done.
Ittiink that is about all he said. Some
it he repeated several times, especial
Jy
if I repeated several tin
that about the Hunters."
TORNADO'S DEATH
HARVEST IS 120
Ninety-five Dead in Snyder, Okla
homa, and 25 Persons Fa-
K1
tally Hurt.
Synder, Okla., May 12.One hundred
and twenty lives were lost in the tor
nado that wrecked the town of Sny
der Wednesday night, according to late
reports received today. Reports brought
in today from the country, which has
been cut off from wire connection for
two days, says that twenty-five per
sons were killed outside of Snyder. The
news of loss in the country was brought
in by farmers, who came to town by
wagon, and verification naturally will
be slow.
The counted dead at Snyder today
is ninety-five, while thirty-five are still
missing,' and it is believed
that"~^
twenty-five of the inju~~~
JDRY MAY HAYE
CASE BY NIGHT
No One but the Defendant, Childs
Declares, Could Have Com- ~T
mitted the Crime.
nearly
KOCH DOES NOT QUAIL
UNDER THE ARRAIGNMENT!
jc
Asa Brooks Held Up as a Poltroon
or Knave and Unworthy I
of Belief. i
By W. P. McQuIre. A
Mankato, Minn., May 12.General
Childs in his argument to the jury that
is to decide whether or not Dr. Koch
killed Dr. Gebhardt, made a bitter at*
tack today on Asa P. Brooks, whom the)
state refused to call as a witness be
cause, as General Childs said, at that
time, it believed him to be entirely'
untrustworthy.''
General Childs severely criticized M*b
Brooks' actions on the night of the.
murder, when he looked over the tran*
som and saw the assassin at his work*
and of what the speaker described at
Brooks' self-contradicting testimo
ny" on various occasions since that
time.
"Is he a simpleton, a fool or at
knavel" asked General Childs in opeta*
iniff
this subject. "Doesn't he know
what happened when he looked upos
that scene that night or has he wilfully sg
spoken an untruth on the witness
stand? If he stood on that bariiste* J|
five seconds and did not know what "4
was going on inside, he ought to be 3
indicted and tried as an accessory after ^Jj
the fact. If he stood there two sec- I
onds, he should have been prompted by}
every instinct of the heart to make an
investigation.
Where Brooks Failed.
"For who was Dr. Gebhardt? He was
Brooks' friend, and when Brooks lokea
over that transom and saw bending ovet
a prostrate body a man whom he knew
was not his friend and whose eyes were
so terrible that as he himself said, 'they
riveted his gaze.' the first glance must
have satisfied him, as it must have satis
fled any man, that an extraordinary
scene was being enacted before his eyes.
As silent as the sphinx on the banks
on the Nile, he stands there mute and
speechless, and then quietly gets down
and descends the stairs and crosses the
street. Wouldn't he, if in possession of
his faculties, have cried out 'Dr. Geb*
hardt, what is the matter?'
"But no, he got down after view*
ing that scene with a feeling, as he said,
that he was trespassing. He had tried
the doors. They were locked. He said
that he got up on the banisters to at
tract attention. He attracted the at
tention of he murderer, who looked up
in the midst of his feast of blood with
eyes which riveted his. Then he quietly,
got down and went downstairs. And he
swears, too, upon cross-examination,
that the expression he saw on that man^
face was the expression of a dog when
he is caught doing something he ought
not to do. And he gets down with a
sense of shamethinks it is a dental
operation.!
Not Entitled to Credence.
I wonder if that is true? I won
der if Asa P. Brooks got down with any
idea in his mind as to who he saw bend
ing over the body of Dr. Gebhardt? I
wonder, if in his soud he said, 'I know
who he is: it is a brother-in-law of my,
friend Somsen, a son of E. G. Koch, a
member of a prominent family?' He)
goes up/m the witness stand and says itP
was not George B. Koch, but shortly^
after the murder he was in doubt."
General Childs then took up the testis
mony of many witnesses as to what Mr.
Brooks had said previous to the firraj
trial about his uncertainty as the iden-'5
tity of the murderer and declared that
the iury should not give the slightest
weight to any of his testimony, sav
only to his original statement, mada
when the impression of the face of thaw
murderer was still fresh on his mind*)
that it resembled George B. Koch. I
General Childs spoke for an houT ye*j
terday afternoon and for three hourtj
and a half this morning. After a reeesftj
of but one hour he closed his speech^
in thirty minutes. In his summary
declared that the jury might go all oven
the world and it could find but one mant
to whom the facts and circumstances inj
this case could apply, and that man waa^
Dr. George B. Koch, the defendant.
New Hammer Evidence.
In his discussion of the new hamme
evidence, General Childs referred
Dingier, the young man who testififl
that he had seen the fatal tool on th&]
Koch premises in 1903, and to Beinhold]
Dahms, who said he had used that h*m^
mer many times when he was cfioTe-,
boy at Koch's place. Of Dingier h
said:
"Do you suppose the authontiea
searched out this young man and pufc.
into his mind and upon his tongue
story which was false? No the rep
resentatives of the law do not do such,1
things."
The speaker said that the Dahm*
woman and boy, like many others ii%
New Ulm, at first said in their hearts,
"It cannot be, it cannot be," when
suspicion pointed toward Dr. Koch, but
at the trial in New Ulm General Childs
said the facts were marshaled into
place.
"Conscience told Mrs. Dahms," said
the speaker, "that she must beat her
secret no longer. Conscience said to
the soul of that boy, 'You must not
speak falsely speak the truth.'
General Childs was bitter in his de
nunciation of the act of the defense in
bringing in several seemingly old ham
mers. He declared that two were made
but recently to simulate the appearance
of age, but so crudely that the evidence
of the trick was apparent. By these
several exhibits so similar, he said, tho
defense had confused Mrs. Kaess, who
was unable to identify the haoames
which she had positively identified on
previous occasions, and he aake&
whether the defense believed it was fur-1
thenng or strangling the cause of jus*|
tice by this method.
Pencil Belonged to Koch.
&
v]
The pencil, he said, could have be*
longed to no once except the defendant.
The defense had introduced in evidence
a pencil like the one found
Ja
Continued on 2d Page, 8d Column.

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