The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-03
LAWYERS SPAR
OVER BROOKS
Defense Will Ask the Judge to
Order the State to Swear
Him.
EDITOR Is DIRECTED
=. TO REMAIN IN COURT
Prosecution Expected to Rest To-
day-Murder Exhibits Adj
mitted Over Objection.
By w, p, MCGUIRE,

Mankato, Mimi, May 3.--Sparring
over Asa P. Brooks began this morn
ing in the Koch trial. General Childs,
counsel for the state, gave notice when
Professor Hubert c. Carel, chemist in
the department of medicine at the uni
had produced "one Asa P. Brooks, -
but that it would not call him as a |
witness. Counsel for the defense init |
mated its determination to compel the
state to call Mr.. Brooks.
After General Childs had given no
the defense also desired to give notice
that before the close Of the. state s
case it would ask the court to issue an
order requiring the state to place MI.
Brooks upon the stand and examine him
as a state witness. |
Mr.. Brown said that this motion of
the defense, when made, would be
based in a general way upon the indie !
ment and the records of the previous
trial and based particularly on a certain
affidavit fled by Brooks in this action;
upon his testimony before the coroner s
first trial. q transcript Of which would
be submitted to the court. Mr.. Brown
continued:
GIVE will ask that the court compel
Mr. Brooks to testify as q state witness
on the grounds that he appears to have
that he was, in fact, the only eyewit-
ness to the homicide; upon the grounds
that he saw the -
81 object, Mr.. Brown, to your tell
ing at this time what Mr.. Brooks saw
interrupted General Childs.
81 beg your PARDON said Mr..
Brown, and then he continued to recite
particularly the grounds on which Mr..
Brooks testimony indicated that he
should be witness.
All Eyes on Brooks.
- A few minutes before, General Childs
had said that he 5had two other Wit
nesses to examine, besides Professor
Carel, who was on the stand, and had
not completed his testimony. The spec
tators, therefore, were surprised when
Judge Cray said, els the witness Brooks
in court?'' They thought that Brooks
would be called to the stand immedi-
Il ately. There was silence in the room
while counsel on both sides held whis-
pered consultations and deputy sheriffs
hurried out to look in the hall where
Brooks had been smoking all the morn
ing,
Judge Cray called again, els the
witness Brooks in court? If so, he will
please stand' Nobody arose, but a
few moments later a bald-headed man
entered the door at the left Of the
Judge and walked to a seat at the rear
of the room. From the state counsel
table there came the explanation,
"'There's Brooks. -
Judge Cray looked to the left and
the witness Brooks?' Mr.. Brooks
arose and said in a distinct voice, Eyes
SIR The New Ulm editor was the
cynosure Of all eyes and persons who
sat far from him arose and craned theil
i &j,a ol,ct,1 al
heads that were in front OF them
Judge Cray said:
81 wish to notify the witness Brooks
to remain in court until the state ha
rested it's case.' Turning to Mr.. Brown
who still stood in front OF: the bench
nounces that it is ready to rest, then
will hear you, Mr.. Brown
State Will Rest Today.
General Childs was not ready to con
tinue his examination of Professo
Carel, and court adjourned at lao 70
the noon recess. 1t is not expecte
afternoon, in which event the openin
address of the defense to the jury vii
not be delivered today. Mr.. Abbot
will make the address.
In Professor Carel s brief testimon
this afternoon, General Child's intro
pencil, poison bottle and blue box i
which it was mailed, and also the wraI
per which was around the box when
was sent to the professor at the unive1
sity. . The defense objected to the &C
mission Of each and every one Of thes
exhibits: to the handkerchief and penc
on the ground that they had not bee
sufficiently identified and had been
no way connected with the defendan
and to the blue bottle and box on til
ground that they were not sufficient
identified, that they were not connecte
with the defendant and that they ten'
ed to prove crime independent Of an
different from that charged in the il
dictmett. All of these objections wei
overruled.
Professor Carel s testimony as to h
ascertaining from analysis that the CO.
tents Of the blue bottle sent to hi
were composed partly of strychnin
was the same that he gave at the fir
trial
Swears to Koch S Handwriting.
The state laid the foundation tn
morning for the handwriting expe1
who will probably be introduced, as
Haenza, editor of the Hanska Heral
said that he had received letters fro
\ DIR. Koch and was familiar with
/ handwriting. When shown the wol
\ Sample which had been written
\ the label of the blue bottle sent to Z
| Gebhardt and asked whose writing tn
Y was, Mr.. Haenza said without besit
II ton, H1t's DR.. Koch s. -
On discrimination, Mr.. Brow
A brought out that the witness had SCI
III the defendant but three or four time
that he had never seen him writin
VI that the letters which he had receive
II from DR.. Koch were lost in fire viii,
N destroyed the witness IS newspaper {
II fee in December: and before he h;
II made any comparison Of the writing
the bottle with the writing in the Il
II tiers.