The herald-advance. (Milbank, S.D.) 1890-1922, 1905-01-20

$1,000 "oo ~ oouASO Vi w
his friends and a disappointment to
some of his accusers.
The accused man proved to be the
star witness for the defense, and while
his testimony added nothing new in
the way of facts, his appearance on
the stand and his demeanor under fire
of questions were strong points in es-
tablishing a conviction that he is inno-
cent.
Rebuttal Is Foreshadowed.
Mr.. Abbott for the defense conduct
ed the direct examination and Gen.
Childs the cross-examination. Mr..
Abbott led the defendant into every
phase of the case. There was an evil
dent attempt to put DR.. Koch on rec
ord not only as to his whereabouts the
night of the murder, but also concern
ing the alleged bottle of poison and
his personal relations with DR.. Geb-
hardt. Among other things, DR.. Koch
denied having called the murdered
dentist a vile name. as one of the
states witnesses testified.
~ IAoti yCo'Sibdy maintained that
in the conversation he was not refer
ring to DR.. Gebhardt, but to Albert
Pfaender, the young attorney for the
state, who has been active in the pros
ecution since DR.. Koch first was sus-
pected.
Friendly With Gebhardt.
DR.. Koch said that he and DR.. Geb-
hardt had been friends. that each did
professional work for the other, and
THAT neither charged the other for the
work.
He disclaimed any remembrance of
ever having suggested to Ole Ulen of
Hapska the possibility of DR.. Geb-
hardt being killed. Gen. Child. cross
examination was severe, but DR.. Koch
withstood it well.
DR.. koch's account OF his move
ments the night of the murder sub
stantially agreed with that of previous
witnesses for the defense. He denied
having sent the poison package to DR..
Gebhardt or that he had V er seen it
before.
Handkerchief Not His.
He denied ownership of the bloody
handkerchief and all knowledge of the
told how he had injured his hands
while out hunting and had subsequent
ly burned them with carbolic acid and
alcohol. DR.. Koch admitted that A. J..
Vogel gave him the advertising pencil
the night of the murder, but said he
lowing the murder; that he took it out
of his pocket Wednesday morning and
placed it on his desk in the office. The
defendant claimed he still had the
pencil in his possession.
Concerning the typewriter in court,
DR.. Koch said he never used it or any
typewriting machine, as far as that is
concerned.
He denied having taken the sui
PLAT of strychnine tablets from DR..
Strickler's office, but admitted that ne
knew of the bottle.
Testimony Covers all Phases.
Indicating the nature of the testi-
mony in rebuttal, which the state will
introduce to-day, Gen. Childs asked the
defendant whether he ever sent a
package to DR.. Gerhard from Hanska.
NO, sir" replied DR.. Koch.
Odd you have in your hands, dur
ing the month of October, the blue
box here on the table, and did you try
to put it in a letter box at Hanska?
Failing to get it into the box, did you
hand it to the mail clerk. saying, 1T is
a bottle for a Dutch dentist of New
Ulm?'"
mo, sir" very positively.
did you late in September mail
such a box at Hanska?"
mo, sir"
did you hand the box to the sta
ton agent at Hanska to be mailed?"
mo, sir"
1t is understood that the state to-
day will try to establish facts as out
lined in Gen. Childs' questions.
The defense rested its case at 4:30
o'clock.
Hit. Poison and Pencil Theories.
After DR.. Koch left the stand half a
dozen witnesses were put on by the
defense.
Miss Ida Koch testified TO having
marked some of the defendants hand
kerchiefs. She was given the bloody
handkerchief to inspect and said it
was not her brothers..
DR.. J. H. Vogel and Mr.. Abbott iden-
titled an advertising pencil produced
in court as the one laid away by DR..
Koch the morning after the murder.
Henry Soomsen, brother-in-law OF
the defendant, produced a blue box
like the poison box. and testified that
he took it from DR.. Koch's Office the
Friday after the murder.
Both the pencil and the box were
placed in evidence without objection
from the state.
Farmer Burned to Death.
Maple Lake, Mimi, Jan. Is. - God