New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-10

lish law gave him 1t would be a trav
esty upon Justice for the state to be
compelled to put upon the stand Asa 2.
Brooks and stand by his evidence. Many
decisions had been referred to, but there
has never yet been an Asa p Brooks for
the courts to rule upon. Gen. Childs
cited West Virginia case, where the
court called witness for both sides to
examine The state was not compelled
| to call all or any of the eye witnesses
to a homicide as in England This IS
the only case squarely upon the point,
except the Michigan decision, where it
was held that the state need not call all
or any of the witnesses. Judge Weber,
when the matter came before him, had
no hesitation in deciding that the state
need not be compelled to call Mr., Brooks.
Mr. Brown spoke briefly in reply to
Gen Childs, and said that he had a
number of decisions that the court
could read if he wanted to.
Judge Cray sal dthat he had settled
convictions. When witness is called
and is to any extent hostile to either
side. the witness should be cross exam
lined by that side The court in deelin
ing to compel the state to call an eye
witness under such circumstances is
justified The state can be protected by
the court in case the witness is against
it.
The court denied the motion, and re-
uuired the witness to remain III court
subject to the call of the defense and
until informed by the defense that he
is not needed.
Mr. Brown renewed the motion, to be
subject to the decision of the court, and
this was also denied. Exceptions were
] taken to both rulings.
When court convened this morning
Gen. Childs announced that the state
rested
Mr. Brown moved to strike out some
= Of the important exhibits and testimony
relating to the blue bottle and box on
/
separate offense the court overruled
!, all of the motions and the defense took
exceptions.
Defense Opens.
. W. D. Abbott addressed the jury in
opening the case for the defense. He
said that they had sat here patiently
,+,to ,i,,l nt,I,iy1
-, of circumstances about this boy and ask
you to find him guilty and turn him
over to the hangman to be hanged by
the neck until he is dead. If this case
involved anything less than a human
life, we would be willing now to sub
nit the case to the jury without further
evidence This case does not rest on
circumstantia evidence. for there is an
eye witness, and by him we will show
you that the man who committed this
offense was not George r. Koch We
-, will show you that the defendant was
born and raised within a mile of New
=, Ulm, that his associates nave been the
. best, that on reaching manhood he
allied the responsibilities of life and
went away to school, fitted himself for
business and succeeded in business. The
49, state cannot point to a single bad as
go socate that this yonng man has had
- or any wrong act done by him.
- VINO are the parties to this case? The
- state of Minnesota is represented by
-. Chief Klause, Detective Rydell and 9th
ers. The state has been actuated by
-. the malice of Mayor SilversOn.
Gen. Childs objected to such language
no before the jury and the court held that
there was no evidence of malice that
10 need be commented upon.
If the evidence convinces you beyond
-, a reasonable doubt that this man COM
mitted murder with a premeditated de-
-, sign you will find MIN guilty. Every
!; circumstance that points to his guilt is
!. in dispute. The question is which one
, of the circumstances are true. We have
H. the double duty of determining whether
of the circumstances are proved, anc
mo whether they point to Dr. Koch as thu
-bo guilty party.
~ The evidence shows that DIR. Louis y
-, Gebhard was brutally murdered. We arr
- not here to say that the murdere
should not be punished. We do not TAX
20 the position of minimizing the crime
j. The state endeavored to arouse you
is feeling against the murderer, and the
:, when your minds We're wrought up an
va. not in discriminating condition sough
Tho to turn you against the defendant.
W. Koch Had Lady Love.
We will snow that DR.. Koch, VIII
tho had lady love, Miss Fitzpatrick
do. daughter of Senator Fitzpatrick of WI
nona That he had DR.. Vogel buy
q Il