The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-28

almost daffy." Witness took him to DR..
Voge's office and told DR.. Vogel to take
him home as it wouldn't do to let him
: 90 along in his present condition. DIR.
| Koch was in condition of extreme agi-
tation followed by collapse, the lat
ter being a mental and physical shock
The witness said that some days after
DR.. Koch had resumed work, his hands
having recovered, DR.. Koch came to his
office door and asked whether the wit
ness could tell about when the cocaine
fiend had been there. The witness had
told him about when he thought it was
DIR. Koch said that he believed that the
| cocaine fend was the party who took
his handkerchief. Witness had said t:
you don't know that it is your hand
kerchief," and DIR. Koch had replied:
"Oh, yes, that's my handkerchief" The
witness had said: "You owe it to the
block, to yourself and your friends to
90 and see the handkerchief and have
this matter cleared up" Dr. Koch had
replied: Il am not going to- .
Cross examined, DR.. Stricken said
that he saw no injuries on the defend
ants hands the day after the murder,
while working over patient for the
witness. The defense offered in evil
dence the memorandum from which the
witness had testified, which was signed
by him and DR.. Noge1.
The state introduced the bloodstain-
ed map in evidence, and also several
other articles.
Brooks Bone of Contention.
General Childs said that before rest
ing, the state would like to have re-
cess taken until afternoon.
Mr.. Brown asked whether it had been
determined by the state to rest today
He said that it was important to the
defense to know whether the state in
tended to rest week earlier than il
did at the last trial, for it ought to have
time to prepare to go into the trial. He
said that he had been inquiring as to
whether the state was to rest now or
week later, and had been told by an at
torney for the state that it was going
to put on its other evidence, or expected
to- The defense had learned from the
newspapers all that it knew about the
states intentions.
The court said that the state is not
required to notify the defense when it
proposes to rest. He hoped that there
would be no delay.
Mr.. Brown said that the defense had
suspected that the state was going to
rest now, but had no justification to get
its witnesses here at this time There
would be no delay on the part of the de-
Tense. ."
The noon recess was taken.
When court reconvened, General
Childs arose and said that the state
had subpoenaed Asa P. Brooks, but did
not intend to use him as a witness for
the state If the defense desired him,
he was here in court.
The court ordered Mr. Brooks to re-
main in court until after the defense
has opened its case to the jury.
The state then rested.
Mr. Brown desired that the court
change the record so that he could get
in a motion before the state rested
The court refused to change the rec
ord
Mr. Brown then moved that the state
be ordered and compelled to call Brooks
to the stand as the only eye witness
This was denied
Mr.. Brown made several motions
One was that the court call Brooks of
its own discretion.
The states new witness, John Herman
of st. Paul, was in Mankato a day or
so ago and had talk with the states
attorneys. He was allowed to return
home. 1t may be that he convinced the
attorneys that his testimony would help
the defense as much as it would the
state, as he said when interviewed in
st. Paul last week.
The defense offered in evidence a
transcript of the testimony given by
Mr.. Brooks at the New Ulm trial.
Abbott For the Defense.
Mr.. Abbott opened the case to the
Jury for the defense. He said that the
states case had come to a sudden ter
mination, because the defense had ex-
pected that the state would consume a
great deal of more time in getting in its
testimony than it had consumed The
License had been taken by surprise, but
would proceed as rapidly as possible
md in as good order as possible.
Mr. Abbott referred to the testi-
| mony to be given by Asa p. Brooks, and
also that of one Keller, who met Koch
on Minnesota street, one black from his
office, when he first started for home.