The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-01-13

gave the defense something to think
about today, and DR.. G.. r. Koch, the
man who is accused of having murdered
DIR. l.. A. Gerhard did not smile as fire.
quently during the session of court as
was his wont while witnesses for the
state have been examined heretofore.
The state has shown as clearly as cir
cumstantial evidence will permit, that
Koch is the man who sent the bottle
containing poison to DIR. Gerhard, and
thus established premeditated crime. 1t
was day of sensations in Judge Web
ber's court. The attorneys for the de-
Tense could not help but see the web of
guilt which was fast being woven about
their client, and they frantically endeav-
ored to stay the evidence which places
Koch in the shadow of the gallows.
Judge Reverses Himself.
At the opening of the court Judge
Weber announced that the ruling of the
testimony of Miss Elizabeth Meskam,
employed by the Haywood Box company
of Minneapolis, was an error and that
he looked up the law pertaining to this
portion of the testimony and would re-
verse his ruling of Saturday. General
Childs was told to proceed with the ex-
animation of the states witness and re-
call Miss Meskan to the stand. General
Childs asked witness when she had mail
ed the package to DIR. L. A. Gerhard,
and the witness said that she mailed it
upon Oct. 18th, 1904.
'How can you tell it was upon that
day."
by the amount of postage placed
thereon, of which a record is kept"
"You can not recall sending any pack
ages to any one else except to G. r.
Koch and L. A. Gebhard?"
Yes, sir, | can"
"How can you recall sending these
two packages"
Because | thought how foolish l was
that did not place the two articles one
under the other and use ditto marks, in
stead of writing the two full addresses
on the box"
''You have no independent recollec-
ton concerning the time of day this
was, have your"
"Yes, sir, it was in the evening, be-
cause it was becoming dark"
''You cannot remember mailing any
other packages upon that occasion?"
"Yes, sir, l can"
Here witness enumerated number of
other packages which were mailed upon
the same day.
Witness Not to Be Confused.
Senator Somerville Intercepted the
witness with questions as to the size,
nature and contents of these several
packages. Witness was questioned if
she could remember doing anything with
these packages. She described independ-
ant of the record, and stated she could
swear to this one.
SIS it not true, if you had not looked
at the record you could not have remem-
mered anything concerning these pack
ages?" asked Somerville.
"Yes, sir, l could"
Witness was then asked how the
packages were addressed and she told
Somerville that the addresses were writ
ten.
Miss Meskam was required to describe
the several transactions in the wholesale
house.
''It is not your duty to do this?"
eyes, it is my duty. When l do a
thing it is is my duty to see that it is
DONE"
"You do not remember placing these
packages i'm the mail after you had en-
tered them i'm the book and placed post
age upon them?"
"Yes, sir, / do"
You do not remember the action dis
tinctly, Independent of the book but be-
cause you must have done so because
you were accustomed to do so?" again
questioned Sommerville?
.sNo, l know / must have done so be.
cause it was my duty"
Witness Remembers.
Attorney Childs questioned witness if
by refreshing her recollection to her
doings upon Oct. 18th, 1904, if she had
entered upon the record and mailed two
packages addressed to DIR. G. r. Koch
and DIR. L. A. Gerhard, New Ulm, MINI.
Somerville objected to this question and
the objection was overruled. Witness an
swered
eyes, sir, | did,
At this time Somervillc received the
most severe reprimanding from Judge
Weber that had been given an attorney,
either for the defense or for the prose-
cution since the state had opened its