The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-21
Continued From Page Two)
OBSERVATION-DISCLOSURES.

r. X" were found. The murder must
have been committed by some person
living in New Ulm, and all eyes were
turned on George r. Koch The fact
of the initials was given to the public
and the press, but DR.. Koch never went
to look at the handkerchief,
Circumstantial evidence had to be de-
pended upon to develop the guilty par
ty. The law says that this evidence is
as good as any other kind of evidence.
Every piece of evidence pointed direct
lv toward Dr.. Koch and not one piece
against any other person. The state Will
prove that DIR. Koch's father had the
same kind of hammer on his place, and
will prove that this is the same .ham-
mer. that the defendant kept hammer
answering the description to dot III his
who saw him in his room just before
the murder, turn on the light, and take
something from the laboratory, where
the hammer hung on the wall. The state
will show that Dr. Koch had one .of the
few advertising pencile such as was
found near the BODY, and received 1t
not an hour before the murder. 1t was
an unsharpened pencil. 1t fell from the
murderer's pocket as he knelt over the
PROSTATE form.
Mr.. Wilson referred to the question of
a motive He said that some people will
commit murder for small reasons. The
motive depends upon the kind of man
the murderer is Malice of the defend
ant toward DR.. Gerhard is shown i'll the
conversation of Koch with Ole Ulen and
Halmar Hoidale
Mr.. Wilson said that the evidence
about some person running by the
Dahms residence would be introduced,
ana also the eNlutHce VI MI D D''iiiii"
that she saw blood on the post at the
gate, which was frequently used by the
Koch family. Mr.. Wilson referred to
the injuries on DIR. Koch's hands.
Mr.. Wilson said that the state would
prove by the men at the threshing ma
chine and by neighbor that there was
no bush that DIR. Koch ran through on
the Sunday previous to the murder and
scratched his face and hands. The state
will prove that the defendants story
about this is "a consummate falsehood."
Mr. Wilson described the movements
of the defendant on the evening of the
murder and how he was close to the
Gerhard office Just prior to the murder
With this chain of circumstances en-
circling the defendant and pointing to
him as the guilty person, the state will
turn verdict in accordance with it.
A reasonable doubt is one based upon
reason. A mere whimsical, vague doubt,
suggested by counsel, if you please, is
not sufficient.
Mr.. Brown objected to Mr.. Wilson in
structing the jury as to the law, and
the court cautioned the speaker that 1T
would be best to leave that to the court,
but allowed him some latitude to say
what he wanted to.
Mr.. Wilson said: abraham Lin
coin once said to a jury: when you
come to decide upon the guilt or inno-
cense of this man the question is, if
you are called upon to bet a dollar,
whichever way would you bet the dol
lar that's the way your decision should
be-"
J.. L. Brown was OH his feet in a
minute and demanded that the reported
make a record of this. Mr.. Davies came
in and took down the words as Mr..
Brown repeated them from memory. Mr..
Brown then objected to the use of such
an illustration i'll so serious case as
this, and said it did not apply. Mr..
Wilson offered to withdraw the illus
tration, and the court advised that this
be done, and cautioned the jury to pay
no heed to it.
Mr. Wilson withdrew the Objectionable
statement and apologized to the court
and to the jury. The court said that
the jury must disregard everything else
except the law as laid down by the
court.
Mr. Wilson made one other statement
that the defense objected to, when he
said: ''In the last twenty years there
have been thousands of crimes commit
ted i'll our country and this is MIN
dication that they will continue"
Mr.. Wilson closed by urging the i'm
portance of law enforcement.
When Mr.. Wilson had concluded, the
court instructed the jurors to leave
their minds in a receptive condition in
order that they may listen to the evil
dence in an unbiased manner. He ask
ed them to disregard all side remarks
4bot have no u1aca in tha trial