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Ceylon India Tea, BLACK Natural CREEN. Bf you
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HIGHEST AWARD ST. LOUIS, 1904.
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FOB KOCH'S LIFE
STRONG SUMMING O EVI-
DENCE FOR THE DEFENSE.
'Convict Him," Says the Attorney,
"and You Will Convict an Innocent
Man"All the Theories of the State
Assailed and the Good Name of Wit-
ness Brooks Defended.
Special to The Journal.
Mankato, Minn.,\ May 13.L.
Brown, who made the principal argu
ment for the life of the defendan t,
George K. Koch, contended that from
among the li.OOO citizens of New Illm,
onlv one, Jrljahnar lloidnle, has been
produced by the state to testify that
there was "enmity betwe en Dr. Koch
and Dr. Gebhardt. And Hoidale's tes
timony, he said, as suspended in mid
air, with no foundation, with no cir
cumstance leading up to it, nothing to
give it the slightest support. I as
a single sentence, stating that the de
fendsint had called tho deceased a vile
name but 1he defendant denied it
positively, declaring that, while he ad
used the expression, it as directed
to another than Dr. Gebhardt. No oth
er in New Uhn could give it any cor
Olo Ulcn 's testimony he treated simi
larly. said that it as for the jury
to determine who as telling the truth,
the defendant when he said that he
had never seen Illen before the trial
of the case in Brown county, and ad
to anyone that "somebody
neve i to anyon mtt tumcuuin
will kill l^r. Gebhrdt,*' or Ulcn, who
told of this alleged conversation, giv
ing all the words tending to implicate
the defendant, but being unable to re
late any other pait of the conversa
tion which took place when he says he
was in the defendant's office.
Mr. Brown said he would place the
case before the .jury in two ways: first,
he would dispute every circumstance
which the state says points to the de
fendant as the murdererthe he would
concede, for the. purpose of argument,
that all of the circumstances exist, and
challenge the jury to find that they
prove the guilt of Dr. Koch.
The Pencil Evidence.
From the position of the pencil on
a nd not in the blood by Dr. Gebhardt 'a
side, Mr. Brown argued that it was
not dropped by the assassin whi le he
as at work, but was dropped by one
of the many men who rushed in with
the crowd afteh the door was broken
open. cited the testimony of sev
eral witnesses which indicated, he
said, that those who first looked at the
bo dv did not see the pencil.
The n, conceding that the pencil did
fall from the pocket of the murderer,
it was proved that Dr. Koch imme
diately after the crime and ever af
terward, had the very pencil which
Lumberman Vogel ad given him.
When he went down to his office next
morning he had it in his vest pocket.
could not leave it there, because it
rubbed against patients in the operat
ing chair. So he ad taken it out and
thrown it back on his workbench. When
Dr. Vogol came in on Thursday and
told Dr. Koch that he was suspected
a nd that a pencil had been found in
the blood by the dead man's side, Koch
had pointed to the workbench and told
Vogel that he would find his pencil
there. And it was so.
A to the Hammer.
Mr. Brown pointed out what he de
scribed as the absurdity of the posi
ti ve identification of the fatal ham
mer as Koch's by several of the state's
witnesses, particularly Reinhold Dahms
a nd Edgar Dingier. said that the
defense ad introduced in evidence sev
eral old hammers to illustrate to the
jury how ridiculous it was to choose
from the m. They were all so much
alike, as all old hammers are alike.
said that "old man Koch," as he
called him thruout his address, had
looked at the several hammers a nd then
said: I don't knowI cannot tell
whether one of them is my old ham
mer or not." That, he said, was hon
est testimony. Mr. Koch knew that
maybe his son's life- depended on his
declaring that this hammer, not the
one found in Gebhardt's office, was
his. But he would not, could not de
clare positively. 4
I do not care to say," added Mr.
Brown, "that anyone bought Dingier,
but those ignorant people conjure up all
sorts of things in their vacant minds. ,,JIWVeJ
I wouldn't dare say that any hammer
was my hammer, no matter how much
like mine it might appear, unless I saw
it in its accustomed place at my home."
Reinhold Dahms was scathing ly de
nounced. admitted on the stand
that when asked about the fatal ham
mer soon after the murde r, he had ex
amined it and declared that he could
not tell whether or not it was the one
he saw at the Koch place when lie was
choreboy there. And then he came on
the stand in the present trial, having
remained silent all thru the first, a nd
said that he ad lied before and that
the hammer was Koch's.
When young Dahms declared that
that hammer was not Koeh's, if he
knew, as he says he did, that it wa s,
it was not technical lying, it was ten
thousand times perjury^ it was acces
sory after the fact," said Mr. Brow n.
Says I Was Gebhardt's.
"Now the inspiration of all this new
hammer testimony," continued Mr.
Brown, "was old man Koch's statement
at the first trial that his old hammer
had disappeared it was gone and he
i could not produce it to controve rt any
claim made for any other hammer. I
I left an opening for anyone to come in
I and swear that any hammer was his,
i and this has been done, you see."
Mr. Brown contended strongly that
the fatal hammer as Gebhardt's, bas
ing his claim on the testimony of Dr.
Remeke at the inquest. There he said
that the fatal hammer was Gebhardt's
he had seen it in his office he remem
bered it particularly because he ad
seen Dr. Gebhardt saw off the handle
so he could use it for breaking the
plaster of paris in a barrel, and he a nd
Gebhardt had laughed at the smooth
job the latter ad made of it. That,"
iMr. Brown said, "was the testimony o*f
i the man who, of all living men, should
know, and it was given before there
were any theories to be carried out. I
shall not discuss why Dr. Reineke
changed bis mind on this point."
added to this the testimony of Alwin,
the druggist, Who said that Dr. Reineke,
on the day after the murde r, showed him
the drawer where he said Dr. Gebhardt
kept the hammer.
"This hammer'is no circumstance
pointing to the defendant," said Mr.
Brown. "Before you have circumstan
tial evidence, the circumstances must be
admitted or conclusively proved."
"Handkerchief N Circumstance."
Mr. Brown also denounced Chief of
Police Klause for. his testimony at this
trial that Ida Koch told him that the
handkerchi ef was "one of George^s"
and "one that she had marked." say
ing that the sheriff, who was with
Klause at the time, had not corrobo
rated im and that Hoidale, to whom
Klause said he related the conversa
tion, testified that he had neveT heard
it a nd did not know it until he ,read
in the papers that Klause had so testi
fied at the present trial.
said that the police chief was
to be blamed even by the prosecution
for sitting thru the first trial and he ar
ina ail, the handkerchief evidence and
not telling what Ida Koch had told him,
if he believed she ever said such a
thing. described KlauBe as "one
always handy to fill in gaps on the
witness stand," and a chief of police
who is better on the witness stand than
on the trail."
The attorney discussed the handker
chief at groat length, a nd said that the
evidence and the handkerchiefs of the
defendant, which were submitted in evi
dence, proved that the bloody kerchief
found in Gebhardt 'a office as not the
Dr. Koch'a Silence.
Discussing the silence of the defend
ant ever since suspicion was cast upon
him, Mr. Brown said that it was be
cause his counsel ad forbidden him to
speak, or to go look at the handkerchief
and hammer. "When a man1
of a crime," he said, "everything he
says a nd does is misconstrued and dis
torted by those who think they have in
that man the. perpetrator of tho of-
hinted at the possibility that, if
the handkerchief was George's, he had
lost or misplaced it a nd adued: "One
of the greatest tragedies in history was
caused by a handkerchief. The savage
and enraged Moor strangled to death
his pure,. innocent
because of a
N Bldod on the Post.
Mrs. Dahms' story about hearing
footsteps hurrying past her house on
the night of the murder, and of finding
blood on the gatepost leading to the
Koch premises next morning, was ridi
culed. Mr. Brown said that this
woman, who keep her secret thruovt the
first trial, had not brought into court
one witness to prove that she had heard
and seen what she described, nor to
prove that she ad ever discufsed it,
until just, before the prese nt trial.
Ho denounced the state for having
removed the top of the post Mid then
Wot introducing it in evidence. I
proved, ho maintained, that the state
ad had the post-top examined by
every known scientific method to deter
mine the presence of blood there a nd
that, having failed, it could not put it
iu to bolster up the testimony of the
woman. said that the 'testimony of
Dr. Andrews that his thoro examination
of the sediment a nd woo of the post
had revealed no blood should be care
fully weighed, because science can de
tect blood that has dried five or even
100 years ago.
Poison Theory Assailed.
which Dr.~ Strickler ad
also argued against the probabil
ity of the label having be en written by
the defendant a nd of the box being
mailed in' Hanska when he was there.
pointed out, too, that the handwrit
ing experts, uncontradicted, ad said
that the hand that wrote the word
"sample" on the bromo bottle was not
the hand that wrote the accounts in Dr.
Mr. Brown made, a strong defense of
Asa Brooks, and criticized severely
the attitude of counsel for the state and
of others toward that witness.
"Who is Asa Brooks?" asked Mr.
Brow n. A man thrown upon his own
resources at the age of 14 who learned
his trade, that of a printer/ has gone
from his trade into the editorial chair
and from theeditjq^Ml. chair to the posi
tion of propriet or of "his.^Q^rn. news
paper a man who is serious in his vie ws
of life a man who hurled back at coun
sel a declaration that he never took the
name of God in vain!
"Until the night of Nov. 1 no man
ever whispered a breath of suspicion
against Mr. Brooks. N man in New
TJlm was more than his peer.m char-
goes to his office on the night
of that tragedy a nd hears some noise
in the room aboveand right here the
counsel does not treat him fairly.
did not testify at the justice court pro
ceedings that he heard agonizing
screams. There was no call for such
a statement from counsel. went up
stairs that night with no other thought
than that Dr. Gebhardt was engaged in
a playful scuffling with a friend.
"But this prosecution has gone to
this man and threatened to send im to
"Theri not the slightest evidence
nvthing"of that kind,"" shouted Gen
"Oh, vesther is," said Mr. Brown.
"Not that counsel here have done any
such thing, but others w.ho were inter
ested in the prosecution of the case
against the defendant have. And Mr.
Silverson, mayor of New.Ulm, a nd a
prominent busih'ess man, threatened Mr.
Brooks with withdrawal of his patron
age from his newspaper. But Mr.
Brooks said to him 'You may take your
$50 or $100I know that the man I saw
in Dr. Gebhardt's office was not George
"Others in New TJlm threatened Mr.
Brooks similarly, because he would not
say that he was uncertai n. What had
BTooks to gain,in the position which he
took? Had he altered his testimony he
would have sent this youWg defendant
to the gallows, and would have been
lauded as a hero by certain men, a nd
would have ad no one to answ er to for
what he had done save the Almighty,
who looks down in to the depths of all
Three Out of a Thousan d.
Brooks has talked to a thousand
men about what he saw that night when
he looked over the .transom, an'd out of
that thousand, three could be brought
here to express their misunderstanding
of what he said. There was Sheriff Ju
lius. The state asked Brooks if he did
not say to Juliu s, 'My God, I cannot
get over it! looked more like
George Koch than any man I know.'
Then Mr. Julius comes upon the stand
and offers no corroboration for the
"Brooks says that many persons ar
gued with him, a nd that Mr. Mather,
whom the state produced here, urged
him to say 'Brooks, say that you don't
to a gwamr and sticky hair dressing, 'or eat
that la full of M04oieBta.tr chemicals in
tended t* dye the hair. The marked prefer
ence for a dainty dressing, particularly one
that oTtnomes excessire oUiness and leaves
THE MINNEAPOLIS JOURNAL.^^^^^/t^^aVr^^^ i9u^.l|^^^r^^P^^fW^^^
know who it was and lot circumstances
do the rest.'
"But Brooks would not do so. Al
tho threatened with business in'jury.
threatened with the penitentiary, urgea
a nd begged to compromise, he stands
like an honest man, and stands a test
which I fear many men would not
stand, and for the fifth time testifies
with clear eye and an honest voice 'The
man aw was not Dr. Koch.'
If the state will not accept this tes
timony of a man who has lived for thir
ty-six years without being blemished,
who has worked his way up in life from
tho humblest position to a place of re
sponsibility a nd honor in life, then' so
ciety is in danger.''
BLOWN TO BITS
Seven Killed by an Explosion of
Dynamite in a Heinze Mine
Special to Tho Journal.
Butte, Mont., Mav 13.Seven men
were killed and one fatally injured in
ah' explosion in the Corra mine, one of
the Heinze properties, yesterday after
The dead: Daniel O'Brien, John
Houlahan. R. II. Hill, Dave Gill, Nels
Wampa 7 John Kramer, Daniel Hailey.
The injured, Hugh McGillis, concus
sion of the brain.
Nels VVampa was carrying an armful
of about forty sticks of dynamite, ap
proximately twenty-five pounds, to be
used for blasting purposes. Suddenly
it exploded with terrific force.
I is thought Wampa touched his can
dle to the explosive. was blown to
bits, fragments of his body, being
found severaj hundr ed feet away.
Two men working near by were blown
to pieces. The remains, when picked
up, filled several sacks. Four others,
about 400 feet distant, were instantly
Cousin of Roosevelt Escape s.
The poison testimon?/- he attacked as
he did at the first trial, declaring that
Dr. Strickler might ha ve lost his poison
in some other wa y, the chances of this
having been demonstrat ed by the testi
mony, a nd anyhow the expert testimony
of Chemist Fischer of the university of
Wisconsin had proved that the test! to go to the surface
made by Chemist Carel of the TJni- Still another miner who worked on
versify of Minnesota was necessarily the 1,500-foot level also has cause to
inaccurate and proved, if anything, that Ifeel grateful today. called at Corra
the material in the bottle as not ofjyesterday morning to go to work, but
the same per cent'of strjiehnine as that jwas too late for his shift, a nd as told
A peculiar escape was that of E R.
Norris, a cousin of President Roose
velt, who is thanking the fate that
prompted him to drop a heavy timber
on his foot yesterday afternoon, less
than an hour before the accident. His
foot was painfully injured and he was
compelled to go to a hospital. was
employed on the 1,400-foot level and
would probably have been killed but
for the lucky accident that caused him
to report today. Had he arrived a few
minutes earlier his name would prob
ably have be en added to the list of
PURE WATER FOR
Artesian Wells Will Be Sunk for
Men Working on Belle
Washington, May 13.-rWith a vi ew
to safeguardi ng tSe health of its em
ployees and of the contractors on the
Belle Fourche project in South Dakota,
the reclamation service has directed En
gineer Walter to sink several artesian
wells at points where camps are to be
located. Belle Fourche valley is in the
known artesian' belt, so there is no un
certainty in regard to securing a supply
of palatable water for domestic pur
poses. During the latter part of the
year water running in the Belle Fourc he
river is unfit for domestic use, and at
headquarters camp, the supply from
shallow wells is neavily impregnated
A Owl creek camp the only supply
comes from this creek, which during the
greater part of the year is very low or
entirely dry, with the exception of
water standing in pools. This water is
alkaline and often -made unfit for use.
During the flood season the creek car
ries so mu ch sediment that the water
cannot be used.
Lands Go to the Northern Pacific.
The secretary of the interior has or
dered patented to the Northern' Pacific
Railroad company, two lists of lands in
1 Montana, one embraci ng 1,874 acres in
'Helena district, and another 14,962
acres in the Helena, Bozeman and Mis
Hoodwinks the Oculist. Madden Eye
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THE LADIES OBJEOT
Drug:Stores, $1. Send lf)c, stamps, to HERP1CIDE CO., Dept. rl, Detroit, Mich, for sample.
VOEGKLI Bii. Special Agemta
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Applications at Prominent Barber Shops.
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the hair light and flatty, is reflected In the
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became enthusiastic orer its retresting qual
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mfcrebtc grwwth in the scalp, cues dandruff,
stops falling hair and aires it a silken gloss.
STOPS ITCHING IN8TANTLT.
Looked More Like a Piece of Raw'
Beef Than a Human Being. 3
CURED BY CUTICURA
Blessed Relief After First Application and First
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Mrs. Hunt's Neighbors. I
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"Blood and pus oozed from the
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