New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-17

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another time the defendant used words
concerning said Gerhard expressive of
contempt for or dislike of said Gerhard.
This evidence as to statements made
and words used by the defendant, of
and concerning said Gebhard, was adj
mitted in this case, and will be consid-
cred by you, solely and only as tend
ing to prove the state of mind of the
defendant at those times, towards said
Gerhard.
That prior to the death of said Geb-
hard, one DR.. Strickler occupied offices
near the dental rooms of the defendant,
Koch, and that the defendant had ac-
cess to a bottle of strychnine sulphate,
then in the possession of said Dr..
Stricken.
That five or six days before his death,
said Gerhard received through the mails,
a bottle enclosed in a pasteboard box,
addressed to him, and marked Bromo
Caffeine, sample.
That a box similar to the one con-
tanning said bottle, was mailed at Hans
ka a few days before the death of said
Gerhard addressed to said Gebhard, and
that the defendant Koch was at Hanska
when the same was so mailed. And that
the word Sample" written upon said
bottle is in the hand writing Of the
defendant, Koch
That prior to the death of said Geb-
hard, typewriter was kept in the Of
flee of the Mutual Fire Insurance COM
pany at New Ulm, near the dental
rooms of the defendant Koch, and that
the address upon said pasteboard box so
received by said Gebhard was typewrit-
ten, and very similar in appearance and
alignment to the work done on said
typewriter so in the possession of said
company.
That said bottle so received BY said
Gebhard in fact contained among other
ingredients, strychnine sui pilates, about
one tenth of the contents of said bot
tie. being strychnine sulphates, a deadly
poison.
All evidence introduced in this case
relating to said bottle having been re-
ceived by said Gebhard, the address
thereon, and the contents thereof. and
from whence the same was so received,
and bearing upon the question of who
sent it, OF caused it to be sent, was ad-
mitted in this case, and will be consid-
cred by you, solely and only as bearing
upon the question whether it was so
sent, or caused to be sent, by the de-
PENDANT Koch, and if so sent, or caus-
ed to be sent, as tending to prove the
state of mind of the defendant Koch
at that time toward said Gebhard. and
not as having any tendency to prove the
commission of any crime by the defend
ant, Koch, other than the one charged
in the Indictment upon which he is now
being tried. -
Actions of the Defendant.
There is also much evidence in the
case bearing upon the actions, conduct,
department, and looks of the defend
ant, Koch, when in the presence of
others, when speaking of, OF being spok-
en- to, concerning the killing of DR.. Geb-
hard, and at other times. and of state
ments and admissions made by him at
times since the death of said Gebhard,
all having some bearing upon the ques-
ton of guilt or innocence of the defend
ant, Koch, Of the crime with which he
is here charged.
There is evidence in the case, also.
tending to prove that the defendant,
Koch, was not in the rooms of said DR..
Gerhard at the time said Gerhard was
so killed, and that the defendant, Koch.
was at other places at all times on the
evening of the death of said Gerhard,
so that he could not have been in the
rooms of said Gerhard at the time that
said Gerhard was killed.
And the only person who has testified
to having seen any portion of the as
sault leading to the death of said Geb-
hard, testifes that the person seen by
him over the PROSTATE body of said
Gebhard, was not the defendant Koch.
That forty or fifty lead pencils like
the pencil found near the body of said
Gebhard were given away at and in the
vicinity of New Ulm to different per
sons shortly before said pencil was so
found.
That the handkerchief found at the
same time and place was not the hand
kercnief of the defendant, and that if
it was, that it may have gotten to the
place in question otherwise than by hav-
ing been taken there by the defendant
Koch.