The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-12

Except the Michigan decision, where 1t
was held that the state need not call all
or any of the witnesses. Judge Weber,
when the matter came before him, had
no hesitation in deciding that the state
need not be compelled to call Mr.. Brooks.
Mr.. Brown spoke briefly in reply to
Gen. Childs, and said that he had a
number of decisions that the court
could read if he wanted to.
Judge Cray sal dthat he had settled
convictions. When witness is called
and is to any extent hostile to either
side. the witness should be cross exam
ined by that side. The court in declin-
ing to compel the state to call an eye
witness under such circumstances is
Justified. The state can be protected by
the court in case the witness is against
lit.
The court denied the motion, and re-
quired the witness to remain in court
subject to the call of the defense and
until informed by the defense that he
is not needed.
Mr.. Brown renewed the motion, to be
subject to the decision of the court, and
this was also denied. Exceptions were
taken to both rulings.
When court convened this morning,
Gen. Childs announced that the state
rested.
Mr.. Brown moved to strike out some
of the important exhibits and testimony
relating to the blue bottle and box, on
the ground that they tended to prove a
separate offense. The court overruled
all of the motions and the defense took
exceptions.
Defense Opens.
w. d. Abbott addressed the jury in
opening the case for the defense. He
said that they had sat here patiently
listening to the state bind its chain
of circumstances about this boy and ask
you to find him guilty and turn him
over to the hangman to be hanged by
the neck until he is dead. If this case
inpalved anything less thru human
life, we would be willing now to sub
nit the case to the jury without further
evidence. This case does not rest on
circumstantial evidence, for there is an
teye witness, and by him we will show
jyou that the man who committed this
offense was not George r. Koch. We
will show you that the defendant was
born and raised within a mile of New
lUlm, that his associates have been the
best, that on reaching manhood he re-
allied the responsibilities of life and
went away to school, fitted himself for
business and succeeded in business. The
state cannot point to single bad as
sociate that this yonng man has had
or any wrong act done by him.
VINO are the parties to this case? The
state of Minnesota is represented by
Chief Klause, Detective Rydell and 9th
ers. The state has been actuated by
the malice of Mayor SilSerson.
Gen. Childs objected to such language
before the jury, and the court held that
there was no evidence of malice that
need be commented upon.
If the evidence convinces you beyond
a reasonable doubt that this man COM
mitted murder with a premeditated de.
sign you will find MIN guilty. Every
circumstance that points to his guilt is
in dispute The question is which one
of the circumstances are true. We have
the double duty of determining whether
the circumstances are proved, and
whether they point to DIR. Koch as the
guilty party.
The evidence shows that DR.. Louis A
Gebhard was brutality murdered. We are
not here to say that the murderer
should not be punished. We do not take
the position of minimizing the crime
The state endeavored to arouse your
| Vic HiuiuCiCi, anu UhSi
when your minds were wrought up and
not in a discriminating condition sought
to turn you against the defendant.
Koch Had a Lady Love.
We will snow that DIR. Koch, who
had lady love, Miss Fitzpatrick
daughter of Senator Fitzpatrick of Wi.
mona. That he had DR.. Vogel buy a
bottle of perfumery, as he could get it
cheaper, and that DIR. Koch went to
Miss Fitzpatrick early in the evening
and gave it to his girl as birthday
present. That he went down town again
and went to Hoidale & Somsen's of
flee, where four young men were play,
ing cards. That he and Mr.. Vogel sang
popular songs there. That DIR. Koch went
down stairs and out upon the street at
20 p. m. and started for home. That he
started on the opposite side of the street
wore long, black cravenette overcoat
and brown stiff hat, which he had worn
all the fall. That he met several people
|, That when on Center street he remem-