Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1905-01-19
FATHER SWEARS KOCH WAS AT
HOME WHEN MURDER WAS
COMMITTED.
SAW MAN ENTER STAIRWAY
STRANGER SEEN TO ENTER THE
STAIRWAY LEADING TO GEB.
HARDT's OFFICE.

New Ulm, Mimi, Jan. 1.-THE de- |
Tense began it's inning in the Koch |
murder trial yesterday, and the foun-
dation was laid for evidence, which DR..
Koch's attorneys claim, not only will
acquit the accused dentist, but also
will exonerate him in the eyes of the
public.
The defense had on the stand two of
the star witnesses, E. G. Koch, the
aged father of the defendant, and An
ton Horsak, the shoemaker who
claimed he saw middle-aged stranger
who held handkerchief to his face
enter the Gebhardt stairway about
9:15 o'clock the night of the murder.
Another important witness was Miss
Gertrude Fitzpatrick, daughter of
Senator Fitzpatrick of Winona.
Miss Fitzpatrick, according to the
testimony yesterday, unconsciously
had part in creating two
Suspicious Circumstances
connecting DR.. Koch with the murder.
It developed yesterday that when DR..
Koch was seen on the evening of Nov.
1 with a bundle under his arm, he was
carrying bottle of perfumery to Miss
Fitzpatrick. The jury was told he did
not have the murderOus hammer under
his arm, but friendly Offering to the
young lady, on the occasion of her
birthday.
The scratches on DR.. Koch's hands
were received the Sunday before the
murder while the doctor was driving
with the young lady.
A number of witnesses were called
to testify regarding DR.. Koch's actions
on the night of the murder. He was
located, substantially as claimed by the
state, up to the time he entered the
barber shop.
koch's Father on the Stand.
The defense then called the defend
ants father to the stand. Mr.. Koch
testified that on the night of the muir.
der he was sitting in the house when
his son George came in.
The witness was certain it was TWEEN
ty-two minutes to 10 o'clock, for the
Saturday before he had talked to his
son about spending more of his even
| ings at home. When the son came in
| that night the father. looked at the
| clock and noticed the time. This evil
dence of the father is important. as 1t
| is the basis of the alibi which the de,
| Tense expects to prove. DR.. Koch, &C.
cording to the fathers testimony, did
not appear excited, nor was his man
ner out of the ordinary.
Gen. Childs conducted the elder
Koch's cross-examinatiOn, but failed tc
| secure an admission that the father
might be mistaken in the time.
Defense Opens UP.
When court opened in the morning
Senator Somerville began his state
ment for the defense.
The defense purposes to prove tha
a man was seen entering the stairwa!
leading to DR.. Gebhardts Office some
time after o'clock the evening OF thu
murder, and the jury will be asked tt
determine for themselves whether thi:
man or DR.. Koch committed the muir
der.
Senator Somerville said it will b.
proved that Dr. Koch did not send thu
poison bottle, and that If he hat
wished to poison DR.. Gebhardt the de
PENDANT had enough arsenic in his OF
fee to kill fifty men. The murder
Senator Somerville said. was the
! Work of a Maniac.
! Moreover, he asserted, DR.. Koch an
: DR.. Gebhardt had been close friends
, The defense will show that DR.. koc
was at home when the murder wa
committed. There will be no denia
that DR.. Koch had an advertising per
Gil similar to the one found near tn
body, but it will be shown that the d.
PENDANT still has the pencil.
The defense will attempt to prov
} that the bloody hammer belonged
; DR.. Gebhardt and was seen in his offic
many times.
Finally, the defense will attempt
c prove that the address on the poiso
l. package was not written on the typ
writing machine in court.