The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-18
BROWN SPEAKS FOR DEFENSE
Emphasizes, in Opening Remarks, tn
Lack of Motive.

Lack OF MOI1V0.
New Ulm, Mimi, Jan. Isl. l..
Brown of Winona, counsel for the de-
Tense, prefaced his address with an
apology, declaring that he entered upon
the great task imposed upon him with
diffdence. He said he was physically
unfit. .~. -.
80: IT .s agree ". With General Oh Ghildds,', he
was was one of I'll the most atrocious ever
committed. The discussion of the evil
dence Of the learned counsel for the
state has been, it seems to me, upon
an entirely wrong theme. We have
been told by the state thruout this
trial, and all the circumstantial facts
have been marshaled around this young
man, to the idea that because some
body is guilty, he must be the man,
and that it is your work to conclude
mise, to may be, and perhaps, that this
defendant committed the crime. That
is the way it appears to me after lis
tening to the arguments Of the state.
The rule, gentlemen, as you perhaps
know, is the opposite Of all that.
"This great American republic val
ues the life Of it's citizens so highly
that when one of them is charged with
the commission of crime he must be
proven guilty before he can be pun
ished; proven guilty of the charge and
the specific charge, not to one man,
but to twelve men beyond reasonable
doubt.
Danger in Circumstantial Evidence.
"You are asked to take DR.. Koch
and hand him over to the sheriff to be
hanged by the neck until he is dead,
and that upon circumstantial evidence.
l ask you to remember that innocent
men have been hung upon that kind
OF evidence, and upon opinion evidence.
Remember that. It is the most unre.
liable evidence in the world. Men have
been hun G, too, upon speculative evi-
and how this thing or that might have
been has no place in your deliberations
remember that. There is nothing in all
this circumstantial case, which has
been wound and rewound about this
defendant, inconsistent with his abso
lutte innocence. There is not one OF
these circumstances but which may be
accepted in all it's unexplained uginess
and DR.. Koch still be innocent.
Remember further, that in crimina
cases the evidence must be so powerful
and of such strength and reasonablenes:
as to eliminate, beyond a.. reasonable
doubt, all other factors, before a mar
can be found guilty. Circumstantia
evidence, opinion evidence, speculative
evidence, and more, gentlemen, in a CASE
where there is no motive shown, thai
reasonable doubt thought must be. KEEP
uppermost.
ga motive is absent from this case
No matter how high or low, or cruel {
criminal may be-, he does not commit {
crime like the murder of Dr.. Gebhart
hard s life and been insured for $50 ,OO(
and in favor Of DR.. Koch, then 20,
would have strong motive. IF Loui
A.. Gebhard had supplanted him in. til,
affections of the woman that the de
PENDANT loved there you would have ];
motive. # the victim had defled thi
defendants family then there would b,
commission Of such q crime. If D1
Koch was a criminal intent upon rob
berry there would be motive. None 8
these things is true. There is no mo
tive whatever, in any Of them. Thes
things do not exist in this case. .
cit seemed as if the fates, which ha,
wound ,S1, The the chain Iaa ,e Of circumstance
eneuP Pace sh at e ee 02h Ssv asg a
! eyewitness Of that terrible tragedy
who swears positively that DR.. Roc
is not the man; Now keep. this pic
ture in your minds, an American jury
) convicting a man Of heinous crime
which an eyewitness says the man neve
committed.
Ridicules Items Evidence.
Mr.. Brown then turned his attention
to Ole Ulen and fayed him numerically
the two statements made by Ulen, til
one after his first talk with Gen. Child
and the other the next evening after
| more extended talk. He ridiculed til
| first statement Of Ulen which Genera
Childs had been compelled to go upo.
the stand and swear was not the state
ment which the witness was talkin
about. That statement was mild i
i character compared to the second one
The first conveyed no intimation Of mul
der. The second one did. The speak
er dwelt at length on this point an
his; forceful presentation OF the incoI
sistency Of U1en y action was listene
TO with great attention by the Jurors
Mr.. Brown had only fairly VI