The Mankato free press., 1905-05-19
The court sustained the OBJ

lection.
c. A. Zelle of New Ulm said that DIR.
Gebhard roomed at mis- house. Knew
Mr.. Brooks. On Sunday morning, Nov.
9th, talked with him about the man
that he had seen. Brooks said volun
tarily: 81 wouldn't swear that it was
Koch and | wouldn't swear that it was
not Koch. and that is the whole of it."
On cross examination, the witness
said that he had taken an active part
in the prosecution. Knew Thursday
night that l was suspected of the mur
der Did not know that there was talk
of arresting me. run shoe store |
left STEMS saloon for home at 9:10
p m on Nov. lst. / did not hurry
home that night Messrs. Krook and
Brooks told me that Mr.. Somsen sus-
pected me. 1t was not my purpose to
get Mr.. Brooks to say that the man he
saw was DIR. Koch, because / was sus-
pected. | was not called as witness
at New Ulm.
William Mather, member of the
boarding club to which DIR. Gebhard be-
longed, was called. Brooks, replying to
a question from me, the evening after
the homicide, or Thursday morning as
to whether he could not tell whether the
man he saw was Koch or not, said: Il
don't know. | can tell when / see
him and look him in the eye."
Cross examined, the witness said that
he was very friendly with Dr. Gebhard.
Brooks did not say that it was not
Koch. | argued that he might be mis-
taken. He did not say that if it was
Koch the latter could not look nim in
the eyd as an additional reason. The
conversation that have given is all
witness at the New Ulm trial, and do
not know when 1 told Mr.. Pfaender
about the conversation.
G. w. Murfn was called by the state.
Live at Gray Eagle and am a grain
buyer. Met Mr.. Brooks Sunday eve
ming, Nov. 18th, at Minneapolis. 1 ask
ed him: care you positive that it
was not Koch, and might you not be
mistaken" He replied: 81 am not pos
tive. I might be mistaken, but l do
not believe that George Koch would do
sucn a thing"
On cross examination, the witness said
that he had asked Brooks what. he had
sworn to at the cOroner's inquest. I
did not know whether Koch was. sus-
pected then. Brooks said that he did
not see how he could be mistaken; that
he did not believe that Koch would do
such a thing.
W. G. Shepard, reporter for the Daily
News, was recalled. On the evening of
Nov. I'd, | met Brooks at the Ottomeyer
block We visited the Gebhard offices
together and then went to the Review
office Mr.. Zelle came in. Brooks spoke
about the initials on the handkerchief |
said, But you saw the murderer"
He said: 81 couldn't tell, L looked so
quick. But of course it wasn't him."
| asked why it could not be him. Brooks
said: "Why, he's nice young fellow"
Later, l asked him whether he could
not say whether it was Koch, and he
said he could not say. / asked him
whether he could say that it was not
George Koch, and he said that ne could
not, because he had caught such
quick glance. Brooks said that they
were going to have Koch kneel in the
Gebhard office, at Somsen's suggestion
Later, telephoning, Brooks said "WelI,
he wasn't the man, anyway. The man /
saw had on a SLOUGH hat" / asked MIN
whether the man had hat on, and
Brooks replied that Koch wears a brown
hat, and that the man he saw had
slouch hat on. The witness testified to
considerable more conversat ton had with
Brooks
On cross examination, the witness said
that he knew that Brooks was cores
pondent for a number of city papers,
including his own. | refused to make
any promise to him that | would not
use Koch's name in connection with any,
thing | wrote, based on information
given by him. He did not afterwards
charge me with violating a promise, un-
til he took the witness stand, and he
did not order me out of his office.
was there many times afterwards. | did
not swear at the New Ulm trial to the
conversation given by me today. Was
on the witness stand about otner mat
ters, an dwas not asked about this.
On redirect, the witness said that he
had not told the attorneys for the state
about it until after the New Ulm trial.
w. t. Eckstein, court reporter of
Brown county, was recalled. On We'd
nesday morning after the homicide at
the Review office, heard conversation
between Judge Wabber and Mr..