The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19

jury for the state, to be followed by
Gen. Childs, who will give the main
argument. The argument for the de-
Tense will be made by Messrs. Brown
and Pau.
Gen. Childs, when the defense rested
this forenoon, said that the state had
witnesses present who would testify as
to the whereabouts of DIR. Reineke on
the defense was at liberty to examine
them. The defense did not accept the
invitation. The purpose of the state
was to show that no possible suspic
ion could rest upon DIR. Reineke, as the
defense had made certain insinuations
about him.
Judge b. F. Webber of New Ulm was
not called by the state in rebuttal, as
he is holding court, and his testimony
was fully covered by Mr.. Eckstein
Chief Klause was recalled and said
that the pants and coat in evidence
were not the same that he examined.
On cross examination, the witness said
that he did not swear to this at the
New Ulm trial.
Mayor Silverson was recalled. Was
at E. G.. Koch's premises last night
in company with a number of gentle
men of New Ulm, the party being COM
posed of the city council, Policeman
Tauer and Attorney Pfaender We went
up at II p. m. 1t was moonlight. We
went to the coward, as they wouldn't
let us onto the premises. We saw the
city lights. There were forest trees
just leaving out.
'Did you try to read paper?"
1--WE had Mankato paper"
The defense objected, because the
trees are leaving out and the conditions
different from before. The court sus-
tanned the objection.
Gen. Childs said that the state, to
save time, would refrain from calling
the otHeI WltueSSeS SuDpoendeu. lHe
state would rest.
Surrebuttal.
George r. Koch was recalled and said
that he had no trousers with stripes
such as Mr.. Klause mad described. l
never wear my brothers clothes. The
operating coat is kept in my office.
Herbert Baltrusch was called and fail
ed to respond.
The defense rested at |: As p. IN.
Wilson Addresses Jury.
S. B. Wilson opened the closing argu
ment to the jury for the state. He
spoke eloquently and well. He said
that the jurors had been engaged in the
trial of this case longer than any jur-
ors ever were in any case in Blue Earth
county before. Never was there MUIR
der case tried in this county, state or
country, or even in the world, where the
circumstances were so revolving.
Mr. Wilson briefly outlined the his
tory of the jury system, and spoke of
the system as it is in vogue in this
country. He told why the system had
been adopted. 1t was for the court to
apply the law as it finds it, and for
the jury to find what the facts are.
What is more noble and confidence in
spring than that twelve men must say
that person charged with crime is
guilty before he can be convicted.
Twelve impartial men are selected to
pass on the fact. The state and the de-
PENDANT have no right to expect any
thing but fair judgment on the evidence
as presented If the state has presented
sufficient facts to convince you of guilt
of the defendant you should convict, if
not you should acquit.
The court does not have to hang
George r. Koch if he mas been found
guilty. | say this to you upon my
honor as man. Your duty, in any
event, has nothing to do with the pun
ishment. If you convict, then the court
will decide what punishment to infiict
Your attendance here has not been
anything outside of your duty as citi-
zens. Somebody must act, and you
have been acceptable. You probably
will never be called upon to serve again
in so long case.
Great Mass of Testimony.
There is a great mass of testimony in
this case, for you to examine and weigh.
The accused is charged with the crime of
having murdered Louis A. Gerhard at
New Ulm last Nov. lst. Gerhard was
young dentist, having been located
there five or six years. DR.. Koch was
also a Dentist having been engaged in
practice two OF three years.
They ask what was the motive in this
case. Why, gentlemen, motive depends
upon the man. One man might commit
murder for thing that ano Their man
would not even commit an assault for.
If the defendant is guilty, he alone is