The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-07-26

day night. The Koch premises were
lighted to some extent by city ha hts.
He had heard of the murder when in
Turner hall, planning rabbit Oh; I've
for the following Sunday. All but 4 We
or six of those present had gone to t he
scene of tho murder, but the witness, a
janitor and two men taking bath,
and one or two others. had not gone .
The witness declared that the hammer
in evidence was not the one his father
used to have. (
Paul Hippauf, a student who lived at
come to his sleeping room one minute
before 10.
Miss Emma Koch's Story.
Miss Emma Koch, sister of the de-
PENDANT, gave some valuable new testl-
mony. She had never before been
asked in regard to the hammer, and
when asked today described the one
that her father owned and compared 1t
with the one which the state has put in
evidence. She said that she last saw
her fathers hammer a year ago last
fall. lying in her fathers yard. She
said that the handle stuck thru the iron
part, and nails were driven thru it to
hold it. She was sure about this, be-
cause when she used it to drive tacks
into the carpet it had scratched the
Dashboard.
She admitted on cross-examination
that she had not used it since two
years ago last fall. She also admitted
that she had testified at the last two
trials and had known all the time about
the hammer, but explained that she had
not been asked to testify on that point.
Her other testimony related to the alibi
and the clothing worn by the defendant
before and after the homicide, the con-
dition of his hands and his actions. She
was present on the Friday night follow
ing the homicide when he burned his
hands with alcohol when putting stick
of wood into the kitchen stove, and she
had Immediately dressed them with vas
elene. No other wounds except the
burns were visible.
DR.. Vogel on "the Burns.'
DR.. j. H. Vogel of New Ulm, life
long and intimate friend of the defend
ant, also materially assisted him with
his testimony. At the last two trials
he had been put upon the stand by the
state, but was not called by it this time.
He told Of the carbolic acid burns re-
ceived by the defendant, and how he
had examined his hands at that time
and had found no cuts, bruises or
blemishes. He had treated the hand on
and on the following morning, accom-
panied by Drs. Striekler and Weiser,
had examined the hands again and pre-
pared a statement which all three doc.
tors had signed. There were no other
injuries except those caused by the car:
bolic acid and alcohol burns. DR.. Voge]
also identified the clothing worn by the
defendant before and after the homi
eide, and he told of the conference on
Thursday afternoon at which he, Asa
p. Brooks and Messrs. Somervlle and
4 Somsen had BEEN present. NJ Somer
vile at that time had examined the de
= fonda IT'S hands and found no Injuries
upon them. The witness said that or
the Monday preceding the homicide HI
had noticed the scratches on the defend
ant s face and hands and that DR.. Kocl
had told him that hesgot them the prev
ious day while hunting with Miss Fitz
patrick. The witness said that he ha(
seen DR.. Kochr twice early ON the eve
= ming Of the homicide, and told how h
the lead pencil in, DR.. Koch 8 office. ~
cravenette overcoat ON Friday or Sat
urday by Sheriff julius and Chief O
Police Klause. Nothing suspicious wa
found on the coat. DR.. Koch Is craven
stfs Was gr oHE aFeF 2
homicide the witness had told DR., Koc
he had better remain at home owing t
the condition of his hands, but DR.. Koc
had replied that if he did that every
body would charge him with the crime
DR.. Koch had gone to his office tina
day and the witness was present whe
Gals had their interview with him. H
eane EFT end 11 had Stolen feh his hand ff
or that the handkerchief found in D.
Gebhardt's office was his. The witnes
was, familiar with the tools in D
Koch s office, and had never seen tn
hammer in evidence among them. D!
Koch had clawhammer.
The Defense Rests Tomorrow. u ~
The defense expects to rest it's cas-
tomorrow noon, and it is likely that tn
rebuttal will all be gotten in tomorro7
afternoon, so that the case can be a.
hope of Judge Cray that the case ca
be put in the hands Of the jury Satu:
day evening. r.
The defense expects to put on it's ne
witnesses tomorrow forenoon, and int
mates that the testimony will be of a
Important character.
Miss Fitzpatrick's Evidence.
In the Koch case late yesterday, Mi
Mary Fitzpatrick, daughter Of Sen
tor Fitzpatrick of Winona, and
4 teacher in the New Ulm schools, r
lated the events Of the ride the Su
day before the homicide. When II
horse became frightened DR.. Koch, wi
| and scratched his face. On Nov. l, b
tween 7 pm. and 7:30 pm, she sa
he was clothed and acted as usual.
E. G.. Koch, father of the defenda1
said that his son had come home
9:38 pm. on the evening Of the hon
eide; dressed as usual and acted
l usual. The witness said that he b:
come into possession Of his old hal
mer forty years ago and that it thu
1 was old. He said that the hammer
evidence was not his. ,1.=,y
Miss Ida Koch, sister Of the defen
ant, and a teacher in the New vi
public schools, testified as to the ti1
that her brother had come home t.
evening Of the homicide and regardi1
his appearance.
$sss4 She had marked some handkerchief
&c. R. K,'' but did not think tn
7 the handkerchief found in Dr.. &c
hardt IS office was one of these.
Miss Fitzpatrick was recalled to tt
| tify that DR.. Koch had worn the sar
! clothing after Nov 1 that he had /
| fore. County Attorney, Wilson tn
| d. cross-examined her regarding te
Ef prone conversation with Miss Ida
McCabe while DR.. Koch was CALI
upon the witness, the evening Of Nc
i. This was the first introduction
| as the incident into the case.