The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-05

lie WltHeSS Sdlu IiidC lihu
cattle pastured between his house and
the Koch premises. There was gate
made of wire, leading to driveway in
to this pasture. The defendant was
in the habit of walking by one place in
going to and from his home. He passed
by many times in October, 1904 This
was the nearest way for him to 90
home.
The cross examination was conduct
ed by Mr.. Abbott. Witness said he dis
tinctly remembered fixing the coward
fence one time with the hammer since
1900 1t was about 1902 Later witness
said that it was about four years ago.
E. G. Koch had two hammers about
the size of this one, and sledge The
hammer had the home made handle
when | last fixed the fence | think the
handle is about three inches shorter
now than it was then, but otherwise
the hammer was in the same condition
as now. There was only one claw ham
mer the Kochs had, and this is the
one. The other hammer about this size
was sort of blacksmith hammer, with
a sharp elge instead of claw. Wit
ness used the hammer in evidence nearly
every February fixing the ice chute.
Used the hammer in the winter of 1902
Oh to fix the door. Saw the hammer
last fall by Detective Rydell | told him
| didn't know the hammer. l did know
it, and lied to Mr.. Rydell.
'You willfully and knowingly lied to
Mr. Rydell wnen he asked you if you
knew the hammer, did your"
eyes, sir, l did"
"You were present at the trial of this
case at New Ulm, wasn't you?"
"Yes, sir"
"Your father testified, didn't her"
eyes, sir''
"He told you what he testified to,
didn't he?n.
This was objected to and the objection
sustained.
"You knew they were trying to locate
the owner of the hammer, didn't your"
"Yes, sir"
"You knew of the proceeding in the
justice court, didn't your"
eyes, sir"
"You knew of Rydell taking the ham,
mer to people and showing it to them"
eyes, sir"
"You knew of Dingler's testimony,
didn't your"
"Yes, sir"
"Did you tell G.. G. REIN that Rydell
showed you the hammer and you said
it was not the Koch hammer?'
''No, sir, l don't think / did"
Witness subsequently said that he
could not remember whether he made
remembered having mad a talk about
the murder with REIN at the time and
place mentioned. Had talk with A.
F. REIN and Rev. c. j. Albright on
April oath, 1905, at the latter's house,
about the hammer.
''Did you state there that Rydell had
shown you the hammer and that you
told Rydell that you never mad seen the
hammer?"
81 don't know as | used those words,
but / said | told him that | didn't
know the hammer"
"Did William Koch go to your faith
er's house during the New Ulm trial and
ask you whether you could not say that
at his fathers, and did not you tell MIN
you had not used that hammer very
much and that you could not say
whether it was or not?"
"No, sir"
Cor words of that meaning?"
"No, sir"
Witness said that members of the
citizens committee had talked to him
about the hammer.
"You wish to swear now positively
that this is the hammer you used at
the Koch residence?"
"Yes, sir"
care you positive about it,"
eyes, sir"
Gas positive as you are of your
father and mother?"
eyes, sir''
MIR. Abbott showed the witness an
other hammer similar to the one in evil
dence. The other claw of this
hammer was broken off, but otherwise
the hammers looked somewhat alike.
Witness was positive in Distinguishing
one hammer from the other. Witness
said he told William Koch that the
hammer found at Gebhard's office look
ed like the Koch hammer. 81 knew it
was the Koch hammer but did not tell
MIN that it was. thought that it was
enough if / told him that it looked like
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