The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-12
.sOMERlILLEO PENs;i'
FOR THE TENSE
Leading Contentious Of the Pross
cution Are Held Up as
Preposterous. 5.
DEFENDANT AT HIS HOME
WHEN MURDER WAS DONE
First Witnesses Examined Inn
peach Dingler's Testimony as
to the Hammer.
From a stan Correspondents.

From stan Correspondents.
New Ulm, Mimi, Jan. 12.-After siS>
ting for six days listening to the eyf.
dence against him, DIR. George r. Koch,
on trial for the murder of DIR. T.. A. Geb- Z
Senator Sommerville opened for the de-
Tense.
Senator Somerville in a speech lasting
an hour and half, reviewed the state 3
evidence, and then explained the line Of
defense. He ridiculed several Of the
such evidence would dino indicate tina that Dr..
Koch was fool rather than q criminal.
He hoped not only to acquit DR.. Koch,
but to exonerate him from all connees
tion with the crime.
Several witnesses we're then sworn to
the hammer found in DR.. Gebhard' g of.
fee, as one that belonged to DR.. Koch .
father.
Some Of thes witnesses said that Dim
gler had told them he was to receive a
monetary consideration for his testi-
for truth and veracity was not good
The state, however, on cross-examina- |
ton, scored by drawing out admissions {
from two of the impeaching witnesses
that they had been convicted in court
of mlsdemeanOrs.
Discrepancy In Evidence.
Just before the noon recess Mr.. Alb
bott, who is conducting the defense 8
examinations, took up the question Of
the identity of the hammer. He called
DR.. G. f. Reinecke, DIR. tGebhard Is office
mate, and showed him the hammer. DIR.
Reinecke said he had never seen the
hammer in Gebhard' IS office before the
murder. Then Mr.. Abbott produced
the tr9nSprInt nf Tr 10 IS foc+i
mony at the coroner IS inquest and
ss-examined him upon it. While DIR,
Reinecke had identified the hammer as
Gebhard's at the inquest, he explained
the mistake in such a way as to show
that it was natural one to make.
The defense will present much testi-
mony along the line Of Identification
OF the hammer and then will take up
DR.. Koch s alibi. This may occupy. all
OF today and part of tomorrow Sena-
! tor Someryile is making strenuous
effort to complete the taking of testi-
mony In behalf Of. the defense by Sat
urday night, so that the rebuttal and
sqrrebuttal may he taken up Monday,
| the arguments on Tuesday and the case
60 to the jury Tuesday night or
wednesday morning.
somervllle's Address Effective.
| Senator somerville's opening address
was clear and forcible. It explained
| many points that have weighed strong
Ely against the defendant, and some Of
the Jqrymen were seen to nod as if in
| appreciation. He said in part:
This case is perhaps the most inn
portant, as we'll as the most expensive.
| ever tried in Brown county This de,
PENDANT IS being tried for his life. and
MS conviction means death upon the
gga a Every man accused of a crime
mas p9ehc opinion against him. Christ
himself was crucifed because of an er.
roneous public opinion; every Christian
that has been burned at the stake suf
tered because of public opinion. and if
one OF you gentlemen were to be accused
OF crime, you would have public opin,
" General Genera s ehilds in his onenino ID.
dress told you that there are two kinds
OF murders; that which is committed in
the heat of passion and that which is
premeditated. The crime charged in
e ea ,n e. IL nna vas Vas
lush scheemlng and planning Of a crimi-
nal. This young man, born and eiu.
Gated in this city, is not that kind of n
man. Look at his face; his genteel an
pearance. Does that indicate to yo.l
that ne would commit that kind Of
erames l say that he could not, for a
man with those criminal procliyities
you'd manifest them in other WAYS be.
fore reaching the age of maturity.
1 Points Out Alleged Absurdities.
! "The state has presumed that the
man who killed DR.. Gebhard maiIed
poison to him and on that bottle of
poison wrote in his own handwriting
the word sample, as sort of calling
4 card. Why, that is preposterous. We
Will show you that DIR. Koch has in
his Office enough arsenic to kill. fifty
men: Does it stand to reason tAat he
would steal strychnine from a brother
doctor and send that bitterest of all
poisons, when he could have taken the
arsenic, sweet and pleasant tasting
poison, but just as fatal9
:. Then they presume to say that he
climbed over the partition into room
IN the insurance Office and used an old
threshing machine of typewriter to
address that poison, when in his own
, office there was a typewriter and in the
office OF his brother-in-law two moro.
to which he could have had easy access.
They have identified the handwrit-
ing on the bottle of poison by country
editor who makes no pretensions to be
4 a handwriting expert We will pro-
them ashamed that they ever put the
: editor on the stand
Pencil and Hammer.
They have laid great stress upon
the finding of lead pencil near the
dead body. They said DR.. Koch re-.
ceived such a pencil few minutes be-
fore the murder. We will admit that
he received the pencil, but we will pro-
duce it in court and prove to you that
, he had it all The time.