New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-07-26
POISON THEORY LEFT OUT
State AbandonsS Strongest Evidence
of Last Trials.
Close Case and Rests Saturday
Noon Without Notice.
Case Will be Finished and Given
to Jury by End of Week.

- y
The new evidence introduced by the
state in regard to the incidents which
transpired on the Guggisberg farm
where DR.. Koch claims to have been
scratched in the brush as he was look
ing for quail, did not add to the
strength of the states case. It APP
pears that it simply substantiated the
story as told by DR.. Koch, for it
seems that none of them could swear
that they were watching him and only
took notice of him when they were at
tracted by the rearing of the horse
and they don't know how long the
horse had been rearing when they saw
it Or whether previous to the time they
saw it DR.. Koch had been in the brush
or whether he had fallen down, or any
of the particulars. ..
The state closed it's case with DR..
Strickler's testimony, which was not
so incrimin ating at this trial as it was
at the last though it is the strongest
evidence the state has introduced.
Immediately after the noon recess
the state announced that it rested.
This came as a surprise to the defense
as it had been seeking information as
to when the state would rest and could
get no answer as to the policy that
would be pursued.
With the resting of the case the
poison theory was abandoned and all
the witnesses that occupied the stand
for that theory were left off. This
will have the result of shortening the
case more than week and if the de-
Tense is as expeditions as it was at the
last trial the case will 60 to the jury
before the end of the week.
Attorney Abbott opened the case for
the defense and talked for nearly two
hours, during which time he took oc-
casion to refer to the council for the
state in such manner as to arouse
his ire and he was on his feet several
times to protest against what he
termed an outrage, but the Court ruled
that MIR. Abbot was in the bounds of
right and allowed him to proceed.
The ruling of the court in reference
to the witness Brooks was the same as
at the last trial and he was the first
witness called for the defense Monday.
His testimony is the same as it has
been at all the other trials and con-
sumed most of the day. He was fol-
lowed by DR.. Koch who gave the same
testimony as upon the former trials
and was subjected to a rigid cross
examination which he passed through
with credit.
These two witnesses are the longest
witnesses the defense has and it is
expected that in the time to be occupied
by the others many of them will be
finished Thursday and the arguments
begun Friday. .
Two new witnesses for the state in the
case are Mr.. and Mrs. August Berndt,
who lived at the time of the murder
is d sister of Philip Liesch. Her story
is as follows: Between 9:45 p. m. and
10 .. m. the witness was out in the
yardnear the fence picking up kindling
wood, when somebody ran by east
ward on the road going very fast,
toward the slough. The ducks flew up
and squaked, and Mrs. Dahms' dogs
barked She told her husband about
it that evening and the next morning
she went to Mrs. Dahms' residence and
spoke to her about the matter. The
night was dark.
Cross-examined by Senator Somer-
vile, the witness said that she is a
sister of Philip Liesch, editor of the
Brown County Journal.
''You are a sister of the man who
was fined''-asked the questioner.
II object to the question:" said
General Childs.
1.-THE objection is sustained" said
the court.
Mr.. Liesch has taken a great in
terest in this case, has he not?"
IT object to that
1.-THE objection is sustained.
Mrs. Berndt said that she had never
talked with her brother about the case
She did not see him very often and he
had not been to her home for half a
year. She had never talked with an
officer about what she knew until last
Sunday, when Chief Klause cameto her
and asked her about it. She told him
about the dog barking, and on Monday
he came to her and said he heard she
knew more. She then told him about
the person running. She did not say
anything about it before because she
did not want to go on the stand. Mrs.
Dahms had said at $50 the morning
after the occurrence that she thought