The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-11
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Matter Of Justice. Saws Brown.

/ ADAOoAAh'' &SesAAON 6tUy GQ0 court. gs8
Matter of Justice, Says Brown.
.Ihe states duty is to acquit, y said
ATTORNEY Brown in explaining his point
to tne court, and it cannot in Justice
Tefuse TO call this witness. Suppose
!aat tne deI lei should i'll advisedly rest
us case. The state would then take a
while this witness, according to The,
counsel,s statement, will swear that the
man ne saw kneeling over DR.. Gerhard 8
body was not the defendant.
Inc case, SO far is purely circum-
stantlal and when the state has under
lts own subpoena IN court, a witness
VINO, can swear positively that it was not
Dr.. Koch who was seen. kneeling over
the dead man, it is right that he should
pc called: Brooks is unimpeached, and so
lar as this court can take cognizance is
as truthful and honorable man as there
is in the world. think that the court
should compel the state to call him. -
| Judge weber took the question I'M
Ger Amusement until tomorrow morning.
! / Ruling Is Vital.
Whatever may be the ruling of the
court, it is bound to be vital point
IN the case. Brooks will swear that
the man who killed DR.. Gebhard was
! not Or. Koch and the state will have
no 4e,, recourse 90 for the rules of evidence
the side which called him. Thus
Brooks, testimony would go to the jury
as positive and would more than coun-
terbalance the circumstantial evidence
Introduced by. the state. In fact
the defendant attorneys said last
night that i. i Brooks is sworn by. the
a verdict Of not guilty without intro
| QuC1Qg one lOta Of evi1ance
On the other hand, if Judge Weber
decides to call Brooks to the stand him
self, and then allow both sides to ex-
anime him, it will be an entirely diff
ferent matter. When Brooks swears
that Koch is not the man he saw lean
ing over Gebhard's PROSTATE form, then
the state can try to impeach him if
possible. and in event it is successful,
his testimony will be thrown out Of
court and the circumstantial case will
stand against the defendant.
Even tho Brooks is called by the
court, there is possibility that the
state will not be allowed to cross-ex-
anime him. At least the defense will
enter strong objection assuming that
any witness called by the court is to
all 1ntents and purposes states wit
ness.
Vogel Testifes for State.
General Childs examined DIR. J. H..
Vogel as to the condition of his hands.
Or. Vogel said that he was called to the
Koch home to treat the defendant IS
hands. lie testified that DR.. Koch had
bad burns on the back Of the second,
third and fourth fingers of his right
hand, slight burns on the back of the
index finger and thumb Of his right
hand and small burn on the thumb of
his left hand. 80
Ibid he tell you how his hands were
| -" Yes, he said he was applying alco-
hol to his hands and was sitting near
the stove. He put stick Of wood in
the stove and the flames, ignited the
hands9" 4 :
| " &. MS $? 1 told him to-
ION Wednesday he spilled carbolic
acid on his hands, leaving stain. I
told him to use alcohol to take off the
aci HW1ers did he get the ear0o'ie
E.From my laboratory
s''What was the strength Of the car
bolic acid?"
"Ninety to IS per cent?
H.lWhat is the action of the carbolic
acid upon the skin?''E. g., r.
| "a weak solution works as an irri-
ta:nt, while a strong solution has caus7
nri nPi d N ths aefspdapt have. knife
| eyes; he had several.'
| s'Describe them. = ~ A.
"I don It think T can. There was
one with an a uminum handle, and he
had a plaster knife. One had a two
inch blade.''
| stD;1 va, +oLo ,,1, ,4r,,oL.: 3d..
DR.. Strickler's satchel?'
eyes; two or three tablets.''
| DIR. Vogel was cross-examined by Mr..
Abbott
"Did you see DR.. Koch s hands on
Monday before ~the homicide9'
Yes; he showed them to me''
sNWhat did you fnd9'
the palm of his hand and an abrasion
on the knuckle of one of his fingers. -
Ibid he tell you how he was in
jured7o ~
Koch's Explanation.
"He sa id that he had been out riding
and hunting with Miss Fitzpatrick on
Sunday. She was holding the horse,
which became frightened, and he ran
thru the brush to help her. He fell
down and hurt his hands and scratched
his face.''
GIG you Will u1In dC Cn0 OOmSoN
home when they were practicing to sing
at DR.. Gebhard' g funeral9' eyes, :
"Did you see any injuries on his
. hands at that time9'' "No.'
NWere you present when he was
, told that he was under suspicion7''
) HYes.' :,
} "Did you notice anything wrong
with his hands at that timeq' "No.'
Redirect examination by General
, Childs.
"Would you expect severe burn
by the use of carbolic acid 80 or 81
per cent9'
'rThere would be no blister.''
You say you saw scratches on his
hand; did you notice the injury on his
. knuckle9' "No.',
7 Oarel Found Poison.
i Professor H. G.. Carel of the state
: university was sworn. He examined
t the contents of the bottle received by
). DR.. Gerhard.
I HWas there any poison in that bot
/ tle?' "There was 49,,
e s'What was itg''t "Strychnine. -
: "What was the percentage of strych
nine found in that substance?'' 1913;
: per cent?
!, Cross-examined by Mr.. Abbott.
|, What was the amount you found il
: the bottle9'' Two hundred and forty