Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1905-01-14
DAMAGES SONS CASE
PROSECUTION CLAIMS FATHER
OF DR.. KOCH SPOILED ALlBI
OF THE ACCUSED.
MEMORY OF THE AGED WITNESS
RECALLS INCIDENTS ON
NIGHT OF CRIME.

The defense is making a strong
point of the fact that DR.. Koch wore
the same clothing before and after the
murder and that there were no stains
or marks upon it. The state is try
ing to break the altbi by showing
that witnesses remember the exact
time only of the night of the
homicide ...
New Ulm, Mimi, Jan. 13.-The state
claims that the alibi which the de-
tense has sought to establish for Dr..
Koch has been practically destroyed
by the defendants own father. Closely
surrounded by the members of the
jury, the Judge and the lawyers for the
state and the defense, a white-haired,
white-bearded man Of seventy one
traced out on map submitted to him
the plan of his home and at the same
time gave evidence that is to help es-
tablish the alibi the defense will offer
for his son. He was E. G. Koch, faith
or of the defendant, and was the last
witness called by the defense Thurs
day.
He swore that his son entered the
house the fateful night Of Nov. 1 at
1913 and with painful exactness he
added all the circumstances so often
previously repeated by him Of the
clock being seven minutes fast, of his
son saying that he had seen rabbit
and thought he would go after it, of
his returning in two or three minutes,
Of his going down into the cellar after
an apple and of eating it in the din
ing room. He told his story with few
Interruptions and with only few
questions put by Mr.. Abbott. He had
reason to note the time of evening, he
explained, because the Saturday night
before he had demonstrated with the
defendant for spending SO many of his
evenings away from home.
Brings Out Damaging Fact.
In the cross-examination General
Childs made no attempt to trip the
witness up on the testimony he had
given, but his questions brought out
the damaging fact that, although the
witness had had occasion to chide his
son Saturday evening, he did not know
the time that he came home either
Sunday evening or Monday evening
and that his memory was clear in re-
gard to the circumstances of Tuesday
night only.
Miss Fitzpatrick told of her drive
with DIR. Koch, substantiating the tes-
timony of DR.. Vogel.>
Misses Crone and Neuman told of
seeing DR.. Koch at about 8, o'clock on
the night Gerhard was killed, and
told how he was dressed.
Anton Horsak said he saw a man
with handkerchief up to his face go
up to DR.. Gebhard's Office just before
S:15 the night of the murder.
The defense will argue that the mys-
terious man with the handkerchief
committed the murder.
Several other witnesses told of see-
ing DR.. Koch at about 9:15 the night
of the murder. Friday the defense
will call other members Of the Koch
household in further effort to prove
DR.. Koch's alibi.
Senator George w. Somerville open
ed the case for the defense during the
morning.
Attorney Somerville said that public
opinion, created by the press, demand
ed the life Of DR.. George R. Koch for
the alleged murder of DR.. Gebhardt.
He told the jury that it was not in.
cumbent upon DR.. Koch to prove his
innocence. If there was any reason.
able doubt as to the guilt of the &C.
cused man the jury must acquit him.