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RIOT DEATH ROLL
NOW NUMBERS 115
Russians Admit that 75 Jews Fell
at Melitopol-40 at
New York Sun Specoal Service.
St. Petersburg, May 12.Officials ad
mit that seventy-five persons were
killed in the Melitopol riots.
Reports are that the police at Zhito
mir were passive on the first day of the
disturbances tfcere, except for arrest
ing a few rioters and taking their
names, after which they were released.
The next morning the police tried to
persuade the rioters to disperse, but the
roughs, aiming at the Jews,aceidentally
killed Police Commisary Kooyaroff, a
Jewbaiter, who is supposed to have or
ganized the riots. The rioters, infuri
ated by the death of their companion,
made a murderous onslaught on the
Zhitomir Dead Number Forty.
St. Petersburg, May 12.Some pri
vate reports from *hitomir place the
number of persons killed there aB high
The governor of Volhyma has caused
the streets of *hitomir to be placarded
with notices that the troops have re
reived instructions to fire upon any per
sons interfering with the Jews. The
Official Messenger's account of the
Zhitomir outbreak, attributes it to the
provocative attitude oi the Jews, who, it
adds, used a portrait^ of the emperor
as the target in shooting practice and
committed many assaults on Christians
in the streets.
Nobles Decline to Fight.
Baron Tiesenhausen and Count Map
sinpuskin, according to the Slovo, havte
declined to accept the challenges of
A. Alexandrovsky, former head of tHe
Eed Cross in the field, to fight duels,
until the last-named disproves the
charges brought against the administra
tion of the Eed Cross funds, which M.
Alexandrovsky, upon his arrival h*re
April 20, indignantly denied and an
nounced that he was preparing a com
plete account for the public.
New Elevator to Women'a Floor
At the Plymouth Corner entrance.
IN RATE HEARING
Continued from First Page.
oned this line of attack, and Attorney
General Moody's opinion set that ques
tion officially at rest. Then the com
mittee began an effort to show that
thu proposed legislation is against pub
lic policy. Nothing has been brought
out bearing on the numerous other
matters which the committee was
charged to investigate, and adiourn
ment is near. There are almost enough
railroad men in waiting to consume the
time between now and then.
Bacon Shut Out.
E. P. Bacon, of Milwaukee, repre
senting the antirailroad side of the
case, after being here for about ten
days, anxious to testify in refutation
of certain statements made by the
railroad managers, finally forced him
self upon the committee last Monday
and Tuesday, and even then there was
a tendency to prevent him from testify
ing to the extent that he thought the
importance of 'the question demanded.
One railroad man after another has ap
peared, all to a similar purpose, and the
testimony fairly reeks with denuncia
tion, not to use a stronger word, of
those interests which have been de
manding rate legislation.
If the committee had been in the
direct pay of the railroads it could not
have proceeded in a way more to the
liking of the railroad men.
From this point of view the hearings
will not satisfy the public at large, for
they will not develop the case on all
sides. An ex parte statement of the
situation the public does not want, and
the committee is due to be roundly
criticized if it adjourns without giving
the advocates of rate legislation ample
opportunity to present their argu
ments, direct and by way of reply.
Committee's False Step.
The senate committee on interstate
commerce could have served its friends,
the railroads, much more effectively,
if it had proceeded along the broad
lines of its resolution of instructions.
The effect of its present policy will be
to retard the development of sentiment
against government rate-making, but
despite such a handicap, that sentiment
will probablv increase as the public be
comes better informed.
In characterizing the committee as
being friendly to the railroads, it must
be understood that a minority of its
members are properly free from such
a blemish. This minority, however, has
no voice in shaping the committee pro
gram, nor in determining the character
and scope of the present inquiry.
Airong the birds of the western hemisphere
the best mason is a potter as well. This is the
oven bird of the pampas in South America. It
is called the "cpsara," a housebuilder by the
The Bulgarian minister of public instruction
has prohibited the wearing of corsets by the
pupils in the gills' schools of the principality.
The penalty is expulsion from school.
Very Plain in Some People.
A great many people go on suffering
from annoying ailments for a long
time before they can get their own
consent to give up the indulgence from
which their trouble arises.
A gentleman in Brooklyn describes
his experience as follows:
I became satisfied some months ago
that I owed palpitation of the heart,
from which I suffered almost daily, to
the use of coffee (I had been a coffee
drinker for thirty years), but I found
it very hard to give up the beverage.
I realized that I must give up the
harmful indulgence in coffee, but I felt
the necessity for a hot table drink, and
as tea is not to my liking, I was at a
loss for a while what to do.
"One day I ran across a very sen
Bible and straightforward presentation
of the claims of Postum Food Coffee,
and was so impressed thereby that I
concluded to give it a trial. My ex
erience with it was unsatisfactory till
learned how it ought to be prepared
by thorough boiling for not less than
fifteen or twenty minutes. After I
learned that lesson there was no trou
ble. Postum Food Coffee proved to be
a most palatable and satisfactory hot
beverage, and I have used it ever since.
"The effect on my health has been
most salutary. It has completely cured
the heart palpitation from which I
used to suffer so much, particularly
after breakfast, and I never have a
return of it except when I dine or lunch
away from home and am compelled to
drink the old kind of coffee because
Postum is not served. find that Pos
tum Food Coffee chreers and invigorates
while it produces no harmful stimula-
tion." Name given by Postum Co.,
Battle Creek, Mich.
There's a reason. ,u & &?'*$&
Ten days' trial proveil'am eye"6pei
Read the little book, "The Road to
Jwellville^Jr'in every pkg.
AS SOUND BASIS
Continued from First Page.
treasury, to prevent the railways from
The situation in these two countries
was outlined to the senate committee on
interstate commerce last week by Pro
fessor Meyer of the University of Chi
cago, who was, prior to goins to Chi
cago university, assistant to Professor
William Z. Bipley at Harvard. Prof ea
sor Meyer radically differs from Pro
fessor Ripley, who fills the chair of
political economy at Harvard, and who,
testifying before the senate committee,
takes the ground that American econo
mists agree that the president's posi
tion is sound.
Opinions Not on Market.
Professor Meyer published some of his
views recently in the Railway Age, thru
which they came to the attention of
the railroad interests, sand
Would Bankrupt Farmers.
Professor Meyer contends that such
a system, put into operation in this
country, would bankrupt the farmers
of the states west of the Mississippi,
including those of Minnesota, the Da
kotas, Montana, Nebraska and Kan
sas, and at the same time build up
those near terminal pointsnamely,
the farmers of Illinois, Indiana, Ohio
and Pennsylvania. Such a system, put
into operation here at the time when
it was put into operation in Germany,
Professor Meyer says, would have pre
vented until this day the development
of the states first named, and they
would still be covered with primeval
forests and untilled prairie, the home
of the Indian and his wild animal prey.
Rates once fixed, in Germany and
France, oan rarely be changed, and
then only weeks and months after the
request. The tendency of government
fixed rates, as illustrated in those coun
tries, is to remain fixed. If a proposi
tion comes up looking to a change, ri
val communities fall out about it, and
nothing can be done. Meanwhile the
resources of those communities remain
undeveloped, or in a state of arrested
Countries Thus Divided.
This system has arrayed eastern Ger
many against western Germany, urban
Germany against rural Germany, the
river communities against the exclu
sively rail communities. As one illus
tration, wheat from the Danube to
western Germany, a distance of 1,000
miles by rail, is carried several thou
sand miles by waterdown the Danube,
thru the Mediterranean, out thru the
Pillars of Hercules, and up the At
lantic coast, to its destination, because
wheatgrowers in western Germany in
sist that the government has no right
to establish a rate which will bring
their far-away neighbors into competi
tion with thdm.
If the system works in that way in
Germany, Professor Meyer says it
would work that way in the United
States, and that the entire west would
be subjected to a commercial and in
dustrial paralysis in consequence.
Postmaster General Cortelyou, in an
address last night before the interna
tional congress, laid much stress upon
the maximum rate which the govern
ment is empowered to make for the
carrying of mails. Formerly postmas
ters general have not exercised this
power, but Mr. Cortelyou indicated that
he regarded it with a good deal of
favor. His talk is being interpreted
as indicating that the administration
will accept a bill fixing a maximum
MES. RAMSDEN IS DEAD
Pioneer Woman of Washington County
Succumbs to Old Age.
Special to The Journal.
Stillwater, Minn., May 12.--Mr3. T. G.
Ramsden, and 1850 pioneer, or earlier,
well known over the state, died today of
old age. She was 85 and is survived by
thrree daughters and a son. Her funeral
will be held on Sunday.
The suit of Farmer & "Vohgny for dam
ages of $25,000 against the Stillwater Wa
ter company is on trial in district court, a
jury having been secured this forenoon.
Plaintiffs charge that the defendant di
verted water from their premises and
damaged their property. The case will
require a week for trial.
Eleven trails of logs in store at Lake
land for the Central Xumbe company of
Hudson were broken up and damaged to
the extent of $2,000 by high winds.
RIOT OVER LOVE RIVALRY.
Sterling, III., May 12.Because two men
loved one girl and neither would relin
quish his suit, a riot resulted at Walnut,
In which seven were injured and one la
in the hospital. Alva Wheeler and Frank
Alshouse were the rivals. Leaving the
girl's house together, they decided to
fight it out. Louis Arnan, Fred Wilson,
Harry Davis and Lord Smock joined in
the fight. They were arrested and fined
$10 each. .v $1
1 i ttrfrfiiS.i '...W.'i.Y-
It Is' considered an essential condition of tba
English court system that the judges shall be
absolutely independent financially, that their sal
aries shall be so large and provision for their
future upon their retirement shall be so ample
that the seed have no monetary anxiety.
JIJPJpjIWWMip J(W|Lli JlUllLH
he was in
vited by the leading attorney of the
railroads, former Senator Faulkner, to
appear before the senate committee, his
expenses to be paid, in addition to a
liberal fee. This invitation was politely
declined, Professor Meyer saying that
his opinions had been reached as the
result of many years of careful study,
and that they were his own, and had
not been influenced by any outside cpn
sideration. For him to accept Mr,
Faulkner's invitation would be for him
to ally himself with the railroad side
of the present controversy, which, as
he was a student before he was anything
else, he was unwilling to do,
Then Senator Elkins, chairman of the
senate committee, invited Professor
Myer to appear before the committee,
and this invitation he accepted, reserv
ing the right, however, to defray all his
expenses going and coming, and refus
ing even to accept the customary per
dium and mileao-e fees which the gov
ernment always pays in such cases. He
was in Washington nearly a week, and
before the committee for parts of three
days. His testimony is regarded as the
most important antirate-making argu
ment thus far offered to the committee,
an argument which will be drawn upon
next winter for the defeat of the Esch
Townsend bill, or any other bill seek
ing to confer the ratemaking power on
Cumbersome and Unfair.
His testimony is that in both Ger
many and France, government ratemak
ing has proved very cumbersome and
unfair. Three major objections to it
were developed in Meyer'B testimony.
First, its inelasticity second, that it
favors the individual at the expense of
the common weal, and, third, that it fa
vors the man nearest the terminal point
and rankly discriminates against the
man farther away.
As the result of this government sys
tem, in Germany, commerce has been
built up by leaps and bounds along the
waterways in favor of which the sys
tem operates automatically, to the in
jury of all inland points. Community
has been arrayed against community, to
the point of a deadlock lasting for as
many as fifteen years in some cases, and
the development of inland industries has
JURY MAY HAVE 5
CASE BY NIGHT
Continued from First Page.
blood at Dr. Gebhardt's side,
but nobody, General Childs said, had
seen that pencil in the defendant's pos
session for thirty-six hours after the
"You do not supp'ose," he added,
"that the man who saw to it that there
was a blue box in his office after the
murder would have neglected to provide
himself with a pencil such as he had
lost where he committed his crime."
As to the handkerchief, General
Childs laid, stress upon' the testimony of
Dr. Strickler, that the defendant had
said to him a few days after the mur
der, "Oh, yes, it is my handkerchief,"
and of the fact that Dr. Koch in all the
time he was under suspicion never saw
the handkerchief which was said to
bear his initials. He never asked to
see that he might determine for him
self whether it was his, and if so,
which kerchief it was, so he might de
termine when, if ever, he had lost it.
"Is that the conduct of an in'n'ocent
man.?'' asked General Childs.
Mrs. Dahms' Story Defended.
The testimony of Mrs. Dahms, of
hearing someone running past her house
towards the Koch home a few minutes
before 10 on the evening of the murder,
and of finding blood on the gatepost the
next morning was discussed at length.
While GeneraL Childs held up the post
and rehearsed the passing of a man in
the night thru the narrow space be
tween that post and its mate, Dr. Koch
leaned forward in his chair and
watched with appare'nrt interest, but no
movement of his features indicated any
thought that was in his mind.
Likewise, when General Childs illus
trated the manner of the murderer in
getting out of the window of Dr.
Reineke's, the defendant looked on in
tently but unmoved. To prove the verity
of the story of Mrs. Dahms, General
"Had someone manufactured the
story which Mrs. Dahms told, he would
have had the witness see the man and
identify him would have had the man
speak to her dogs so she could recog
nize his voice would have blood only
where the hand was instead of on the
top and down the sides. No, the story
was not made for the occasion. It is a
plain, simple story of a truthful
The new testimony of Miss Weider
niann was treated similarly. Thespeak
er said: If the statement of this wom
an is false, if it was fabricated by the
prosecutor to hang this defendant for
a crime of which he is innocent, it
would not have put a slouch hat on the
head of Dr. Koch. No, it would have
had on him the same brown derby hat
which others saw on him that night.
This woman told not what would
The ''family alibi" was vehemently
attacked. General Childs said:
"Such an alibi is a cheap expedient
easily concocted, and has been resorted
to thousands of times in criminal cases.
The alibi rests entirely on the members
of the family. God bless them!
There's the aged father, the brother
and sisters. They are in a terrible sit
uation, overwhelmed by this charge
against their George. But I shall say
nothing about the stories they have
told. Blood is thicker than water. The
ties of relationship are the strongest
ties but we must take the facts, not
Then he declared that the greatest
importance attached to the testimony
of Paul Hippauf, "th only person in
the house not a blood relative." The
defendant, he said, as soon as he got
home, rushed into Hippauf's room, so
that the latter might remember his
coming. That was one minute be
I have always thought that the
defendant wanted to kill a rabbit that
night to account for the presence of
blood. He wanted to get out of the
presence of his family. He was out
doors for an indefinite time. He was
out destroying the evidence of his
guilt he was hiding that overcoat. He
was washing out those crimson stains
which were crying out against him:
'You, Dr. Koch, killed Louis A. Geb
Emphasizes Poison Evidence.
General Childs said that it had al
ways seemed to him that the poison evi
dence was marvelous in its consistency
in the number of facts. The man who
slew Dr. Gebhardt was the man who
sent the poison to him. The man who
stole those strychnine tablets, he said,
was close to Dr. Strickler, from whose
case or grip they were taken.
Dr. Strickler had such a blue bromo
bot#o standing on his shelf in this
waitingroom closet, easily accessible to
the defendant. The defendant had re
ceived from the Parke-Davis company
of Minneapolis about such a box as was
sent to Dr. Gebhardt. There was a
typewriter in the office across the hall
from the defendant, just Buch a type
writer with its peculiarity of alignment
as the one on which the poison box was
Scouts Somsen's Evidence.
The speaker referred to the testimony
of Henry Somsen, brother-in-law of the
defendant, that three days after the
murder, Mr. Somsen found a small blue
box, just like Dr. Gebhardt received,
on a shelf in Dr. Koch's office.
He said that when suspicion gathered
around the defendant it became neces
sary to account in some way for the dis
appearance of the blue box from his
office. No man in the city of New TJlm,
save only the defendant and his brother
in-law, knew of the finding of that blue
box. Why did they not Dring in Dr.
Strickler, Dr. "Vogel, Mr. Barnes, whose
offices adjoin, or some other reputable
citizen, to prove that the box really
was found in the defendant's office?
No, they did- not do that," said
General Childs, "only the defendant
and his relatives. No other knew of it.
You will not believe this testimony."
Opportunity to Do the Murder.
The defendant's opportunity to com
mit the crime was next discussed. Gen
eral Childs told of Dr. Koch being at
the barber shop at 9:20 or 9:23, his
assing the Eeview office in view of the
within some time before 9:30 of
the sound of footsteps ascending the
stairs to Dr. Gebhardt's office.
"Counsel for the defense have ar-
gued," said he, "that the very act
that the murderer stamped heavily up
the stairB is the best reason for prov
ing it was Wot the defendant. No.
Now. if the defendant had plotted the
death of Dr. Gebhardt, he would have
done Just that thing.
"What better for him to do than let
If^SS Friday Evening, THE MINNEAPOLIS JOURNAL. May 12, 1905.
ea th strongest for the prosecution,
what she saw."
Hand Burned by Design.
General Childs argued that the de
fendant burned his hand not by acci
dent but by design and for the purpose
of concealing beneath fresh wounds the
injuries which he sustained while es
caping from Gebhardt's office. He de
clared that Dr. Koch did not wear his
cravenette overcoat on the morning
following the murder, and speaking of
the disappearance of that overcoat, he
"If you want to find that overcoat,
you must look in the ashheap "where it
was burned over in the grave where it
"Family Alibi" Scored.
Gebhardt's office. He could do the
murder quickly, silently, and go on his
way home. Yes, he was there but he,
son of the Hon. E. G. Koch, with his
social position and powerful relatives
awd friends, he would not be suspected.
The "Unknown Man."
"Did you hear counsel for the de
fense, in his opening, say something
about another man wnom he would pro
duce to say he saw a strange man
standing at the foot of the Gebhardt
stairs, waiting for the defendant to pass
before he went upstairs, to lead those
in the office below to believe that it
was Dr. Koch who went upstairs. I
did. Did you see any witness on the
stand to substantiate "that promise of
counsel? I did not. There
That watsn a mere surmise,
been any other ma than
the defendant at the foot of the stairs
ne would have been seen and the de
fense would have produced witnesses
to swear to it. There was no other man
there, only the defendant. If counsel
shall dare suggest that there was one
unknown factor in this crime, he must
show that the party knew Dr. Koch
hated Dr. Gebhardt that he knew the
defendant was going to pass the Re
view office at about 9:30 that he had
one of the defendant's handkerchiefs
that he knew the father of the defend
ant had an old hammer like the one in
evidence that he had such a pencil as
was given to the defendant a few min
utes before the murder. That he can
do so is an absurd thought, else he
would have done so long ere this."
Judge Cray called court at 8:30, but
at that early hour the large courtroom
was crowded. On the bench beside
the judge were Mrs. Cray and former
Judge and Mrs. Severance.
The Kochs were all in court and the
defendant, sitting between his father
and his brother William, listened with
no sign of nervousness to the severe
arraignment of the prosecutor.
Browai for the Defense.
L. L. Brown began his argument for
the defense at 1:30 this afternoon.
"You have been coaxed for a verdict,"
he said. "You have been cajoled for a
verdict and finally you have been
threatened that you will be criticized
by the people and punished by your
conscience if you do not give a verdict
for the State.
I shall not coax nor cajole you,
nor threaten you. I shall do nothing
but place before you the facts. You
shall judge from them as you shall see
In discussing the general subject of
punishment of the guilty, he repeated
the old unwritten law that it were bet
ter that ninety-nine guilty men should
escape than that one innocent man suf
fer. He argued that General Childs'
own description of the murdered as an
unnatural, extraordinary, inhuman man,
indicated that it was not the defend
ant, for he went horn that night and
slept and the next day went about his
work as usual.
"And these things prove that he is
not a monster," said the attorney.
"The trouble with the prosecution,"''
he continued, "was that nothing was
done to apprehend the murderer the
night of the crime, and since then the
prosecution has been picking up circum
stances and trying to make a story of
its own fit them."
Question of a Motive.
"When we look for a motive for a
great crime," said Mr. Brown, "we
ask: Whose life has he spoiled? Whose
sister has he betrayed? In whose favor
his life insurance is written? Who will
inherit his property? These are mo
tives. Men commit murder to satisfy
some .great ambition, to satisfy some
great greed, to get some man out of the
way for some great reason, and here is
where we strike the first stumbling
block in this case."
Then he recited incidents in the lives
of T)r. Koch and Di\ Gebhardt showing
that they had been friends and that
they had exchanged professional cour
tesies until the very eve of the murder.
"If, in the five years those young
dentists lived in that little town there
had been any enmity between them of
any serious nature, it would have come
to the notice of some one there,"
HOW THE MURDER WAS DONE
General Childs' Imagery and Eloquence
Paint Vivid Picture.
Special to The Journal.
Mankato, Minn., May 12JNo story
book description of a fiendish crime was
ever more graphic than that given by
General Childs of the murder of Dr.
Louis A. Gebhardt. The attorney's
clear imagery and reasoning, his excel
lent command of language, his eloquent,
wide-range voice, touching the extremes
of pathos and rage, gave to the auditors
a wonderfully vivid picture of the scene
in the ''chamber of death."
"When men commit great crimes,"
said General Childs, "they make mis
takes. If they did not, there would be
no convictions. I have come to believe,
after years of study of criminal cases,
that when a man becomes possessed of
the purpose of murder, he ceases to be
a rational man. When that monster
passion gets him he makes mistakes in
spite of himself. It was so in the case
or the man who murdered Dr. Geb
hardt. He had conceived a mortal hat
red for Dr. Gebhardt he was nursing
his passion and he felt it would not do
for him and Dr. Gebhardt both to live,
and he said to himself, 'I'll go and kill
him I'll be his judge and executioner.' i
"He first conceived the thought of
poison, and thought out that matter in
all its details. Then he sends the
deadly dose. He waits one day, two
days, three days, four daysand the
light still gleams from Dr. Gebhardt's
window. The poison was not effective.
Chose a Silent Weapon.
"He thinks of the hammer. The car
penter's tool is a better instrument of
death than a gun it makes no sound
a single silent blow and all would be
over. He goes into the office with tho
hammer in his pocket, a smile upon his
brow and a pleasant word upon his
tongue. He would engage Dr. Gebhardt
in conversation, and when the oppor
tunity afforded, would deal the blow.
"You recall the evidence. There was
the rocking chair in the reception
room. Dr. Gebhardt would bring it
for his visitor and as he backs into
the operating room, dragging the chair,
he strikes him from the rear, when the
dentist had no thought other than the
entertainment of his caller. From that
there was no noise, no struggle, little
blood. He could strike his victim
down, put the hammer in his pocket,
open the door, descend the stairway,
and go home. Next day he could say,
I was there early in the evening Dr.
Gebhardt and I had a pleasant conver
sation and then I went home. I am*
"But that first blow didn't end the
crime. They say Dr. Gebhardt was a
man of splendid physical buildwhat
safety did that afford him against the
man who had a hammer in "his pocket
and intent in his heart to strike him
down? The first blow failed in its
purpose. The doctor rose and they
struggled about the room, blow followed
blow, until Dr. Gebhardt fell near the
doorthere where witnesses described
the pool of blood.
The Death Struggle,
"He suddenly stands up and stag
gers in his movement of weak defense.
The assassin, still holding the hammer
in his hand, comes toward himhits
him on the foreheadthe falls back
wardand there is the blotch of blood
on the map. ThetftA he* falls prostrate
and the silent, tmmoving form lies
there on the floor near the safe.
"Instead of being a quiet murder, it
was a murder in which shrieks rent the
a hundred men know he went UD to Dr. night air, ^Persons passing by on the ,jae*rve"to remain Talm under allcircunv
stree| bejow heard them, and then the,(.
sounds of falling furniture. Before0
made, there was a step on the stairs
See Our Natty New
Endless assortments of new Patent
leathers in Button, Lace and Bluchers, at
$4.00 and $3.50
the last-thrust of the knife had JaeanJ^^f&Pt
The assassin must be sure Dr. Gebhardt
is deadhis lips must not open to tell
who was there, and he thrusts the
knife in again and again and again
until the arteries and the jugular vein
Orderly Retreat Impossible.
"But instead of making the orderly
retreat he intended, there is consterna
tion. There are men in the hallway now
he has heard them and has seen a
head thru the transom. Remember the
evidence? There was blood, the marks
of fingers, on the door leading into the
hallway. On that door was clouded,
glass, clear only at the edges. The
sassin goes to the door and peeks thru
the glass to see who it is in the hall.
He retreats a few steps. The handle of
the hammer which ne still holds is
slim'y with blood. He- draws a hand
kerchief from his pocket and wipes off
the blood. Why? Because this ham
mer must now be his weapon of de
fense he may have to fight.
"But listen! Other steps on the
stairway! He cannot escape as he
has planned. He turns to flee, rushes
into Dr. Reineke's room toward the
alley. One witness says the screen
looks as tho it was pushed out. The
sassin went thru that screen feet first.
He jumps, in his desperation, into
space. Counsel says that the man who
did the muTder was familiar with the
window and knew that the wires ex
tended just below it. Why, the man
that went out that window threw him
self out feet foremost. His feet found
that wire. His hands were not slow to
follow the message of that touch, and,
hanging from that wire, he dropped to
the ground and ran."
Two Kinds of Evidence.
Circumstantial evidence and the
phrase "beyond a reasonable doubt"
were discussed at length by General
Childs. He had spoken about the jury
system aWd the duty of jurors to the
state and to the accused, and continued:
"Tho evidence of the state in this
case is what is known as circumstantial
evidence. There is more or less of
prejudice in the public mind against cir
cumstantial evidence, but that is due
largely to the fact that it is misunder
stood. It is a law that where one fact
creates a suspicion, another fact will
strengthen it, not once but many times.
Add still another and there is added
strength. Circumstances are facts. Put
these facts together and a finger points
directly. When the trial is had, re
member these facts, weigh them care
Value of "circumstances."
"In this case you have the best possi
ble illustration of the two kinds of evi
dencedirect and circumstantial. Coun
sel for the defense, in his opening ad
dress to the jury, said that this is not
a case of circumstantial, but of direct
evidence. Their direct evidence is the
statement of Asa P. Brooks, the man
who saw the murderer at his fiendish
work. You have heard from his lips
the statement that it was not the de
fendant. At another time he said it
resembled the defendant, it looked like
the defendant, he wouldn't say whether
it was the defendant or not.
"In direct evidence, even, there is
weakness. Witnesses may be de
ceived they may be inspired by malice.
But when you have a series of circum
stancesfactsthey form a strong, in
surmountable chain which carried con
viction to any ho'tfest mind.
"You fail when you attempt to
'udge the murderer of Dr. Gebhardt
ordinary standards," said General
Childs. "H was no normal man. The
man who had the nerve to go into that
office and slay Dr. Gebhardt had the
nerve to walk down the street the next
morning calmly he had the nerve to
go to the funeral of his victim and
sing beside his dead bodv he had the
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Gebhardt, in striking con
trasL to* the interes" shown by "his el
low citizens, was the next morning,
when his brother remarked to him that
Dr. Gehbardt had been murdered. Then
he jumped out of bed quickly. But
we nave only the testimony of the
brother of the accused man as to that.''
Mr. Pfau's address contained a min
iature sensationhis plain, stout dec
laration that the circumstances pointed
as directly to Dr. Reineke as to Dr.
Koch. He became so emphatic in his
statement that Dr. Reineke was impli
cated that General Childs interrupted
and asked the speaker if he was going
to prefer a charge against the physi
'cian. Mr. Pfau said that he did not
Br. Reineke and his family were in
the courtroom. Dr. Reineke has been
very much perturbed because of the
innuendoes or counsel for the defense
their introduction of testimony which,
the^ doctor believes, tended to cast sus
upon him. So yesterday he
rought his family and others who
knew the facts of his being at home at
9:30 on the night of the murder, over
to Mankato. He asked counsel for the
defense to call them to prove his alibi,
but Senator Somerville told him that
he could not do so. He said that Dr.
Reineke was not on trial, and that it
be absurd for the defense to
prove his innocence of a crime of which
he was not accused.
Dr. Reineke, as soon as there was a
question raised as to his whereabouts
on the night of the murder, proved an
alibi which was satisfactory to the
authorities, and nothing further was
said about him in that connection until
the present trial. His readiness to pro
duce ^abundant proof is taken by the
state in the best faith and is pro
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