The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-08
MURDER VERDICT
IN SECOND DEGREE
Jury in Koch Case May Be In
structed that It Can Re-
turn Such.
FERMENTATION A
VITAL ISSUE IN CASE;
Precedent Said to Have Been Set
in the Tanke Case, Also
Tried by Cray.
BY w. p. Mcclure.

BY w. P. MCGUIRE.
Mankato, Mimi, May sA,The prov
ing, as the defense claims, that the
Gebhardt poison package was mailed at
Hanska when DR.. Koch was not in that
town, and the typewriter expert IS testi-
mony this morning, that the address on
| typewriter in the office across the hall
| from DR.. Koch s, indicate the posi-
bility that Judge Cray will instruct the
jury that it may find verdict of muir
| der in the second degree.
| Fermentation is the prime requisite
| of first degree murder. If the defense
has proved that DR.. Koch was in no
way connected with the sending of the
blue box and bottle to DR.. Gebhardt, it
will appear that there was no premedi
/ tation and deliberation, if DR.. Koch
was responsible for the murder
! The state s position in such a case
presumably would be to maintain that
when DR.. Koch assembled the stairs to
! DR.. Gebhardt s office he was not con-
gagged in conversation with the other
dentist he slew him in burst of pas
sion.
State and the Court.
Whether or not the state will tacitly
admit that DR.. Koch did not mail the
poison package is not known. The
| persistency with which it has pursued
this line of evidence indicates that it
would be very reluctant to do SO.
But there is apparent today the pos
, sibility that Judge Cray in his charge
to the jurors will say that if it is found
: that the defendant did not send the So
; called poison package to DR.. Gebhardt
prior to the homicide, they may return
: a verdict of murder in the second de-
! degree.
:. 1t has been recalled here that in the
+ Tanke case wherein the circumstances
: In many respects resembled the cir
cumstances in the present case, altho
there were some prominent points Of
! difference, Judge Cray instructed that
y y a second degree verdict could be re-
!, Il turned, and the jury followed this in
Il !, struction.
} Defense Almost Ready to Rest.
:, y 1t is expected that the defense in the
! Koch trial will rest it's case this after
!. noon or early tomorrow morning. Many
Il witnesses were sworn today to clear up
small points in favor of the dentist
=. Two typewriter experts testified that
:. the address On the so-called poison
q package was not written on the type
N writer in the office across the hall from
- - DR.. Koch IS.
Il When this line of testimony is COM
. % Of the defendant and other members
ID of the family to account for Georges
~ return to his home the night DIR. Geb-
~ hardt was murdered. This will practi-
h cally complete the case of the defense.
y. The rebuttal and sur-rebuttal probably
20 will not take more than day, and the
20 arguments Of counsel to the jury are
~ expected to begin Wednesday morning.
- General Childs, who will find it neces.
az sary to anticipate the points in the ar
&c &c gument for the defense, and must
ID therefore, be very thoro. will take
ID probably five hours. Indications are
f. that the fate of George R. Koch will
"a be in the hands of the jury before Fri
day night.
Gatepost Tempered With.
The defense sprang surprise this
"a morning by introducing evidence that
rd the top Of the gatepost, On which Mrs
" Dahms saw blood on the morning fol
at lowing the murder, was recently sawed
G. off. Fred w. johnson of New Ulm
ed brother Of Governor johnson, gave Thu
a testimony, saying that he inspected tn,
1t post week ago yesterday.
n Asked to describe the post on which
as blood was said to have been seen, h,
an said that the cutting of it made it i'm
10 possible for him to calculate it's age
er, but that, except for the top, it was al
ne most exactly like its mate, which wa
LIE SAME ne1gQC anu Wa
d. smooth and of a light color. which, il
90 his. opinion, would have shown blood
ay stains plainly.
Of He declared, however, that there wer
ne no stains as of blood upon the post
IN He said the top of the post, which
lin in other respects, resembled the on
,er that had been cut, was weather-beaten
somewhat decayed and porous
Jul The defense argues from this tina
en- the top of the uncut post was slmilarl
ms decayed and porous and that it woul
DIV have been impossible for the murderer
7er Gebhardt s office, to have left enoug
blood on the top of such post SO tina
woman could have daubed her han
upon it twelve or fourteen hours later
be- State Has Missing Post.
he All the while Albert Pfaender Q
er. counsel for the state had the top O
zen the gatepost in his grip under the ts
nd BILE, and said later it would be e1
ed hibited to the court and jury If Their
in were no objections from the defens,
Mr.. Abbott said that, of course, th
mo- defense would not object.
for Mr.. a Abbott ae 1.-THE st state h had Mr. r
re Dahms tell all about getting her han
-; in the blood on top of that post, an
~, ~; had the post in it's possession, and ye
VI VI did not introduce it in evidence:
was our W SIUOho tU0l
lefe out, and l guess we have done it. -
nv. More Typewriter Experts.
;;en The defense called George w. Sil
ion gleton of the Fay-Sholes typewriter o
,.. VI fee, Minneapolis, to controvert the tie
rs timony of A. c. Baird of the Smit
APP Premier typewriter office in st. PAT
ua- that the address on the blue box, whit
DIR. Gebhardt received some time b
fore the murder, was written on I'll
Smith-Premier typewriter in the off,
across the hall from DR.. Koch's dent
rooms.
1T Mr.. Singleton said he had been
IL the typewriter business for eight ar
a half years, part of which time W,
spent in the factory, where he BEGAN
familiar with all of the details Of tyI
- writer's and typewriter-making. /
ira was asked if the writing on any OF
"a. III machine could be distinguished fri
tl the writing on any other by the alie
tne ment alone. He said he thought M
1l per because the alignment was irregul;
the according to the condition of type bs
OF and the rapidity with which the m
lale chine is operated