The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1905-05-25
ATTORNEY BROWN DISPUTES
EVERY POINT MADE BY THE
PROSECUTION.
CASE WILL GO TO JURY TO-DAY
TWELVE MEN WILL DETERMINE
INNOCENCE OR GUlLToF DE-
PENDANT.

NanN.lo, .llnn., May l4.-AtlOfney
Brown occupied the whole of yester-
day afternoon in his closing argument
for the defense in the d.. Koch ;,ur-
der trial. He had not concl3!ed
when court adjourned, and will con-
tinue to-day.
Judge Cray then will instruct the
probability before noon.
While the final arguments of Mr..
Childs of the state and Mr.. Brown OF
the defense We're being made yester-
day the court room was crowded to
its full capacity.
Throughout yesterdays proceedings
the youthful defendant showed little
concern.
Brown Assails State'o Case.
MI, Brown summed up in part az
follows:
you have heard from the prosecu-
ton the imaginary lctails of this
crime. You have been told how the
murderer went step by step upon his
prey. Is there any evidence OF that?
You have been told how a profession
al fiend could do this %atrOciouS and
unnatural crime; could realize tha5 he
had been seen and recognized by an
acquaintance and could go to Ia
horne and bed, 10 sleep soundly. when
he did not know but what a posse
would follow him. The next day he
went down town and mingled with the
people and kept at his work, not as
though he expected at n time to be
tapped on the shoulder by the sheriff.
What Was the Motive?
1--WE have a real, not an imaginary
| crime, and the defendant has been be-
| tore you and told his story. We do not
ask you to believe a word Of it. Why
do men commit murder? History
teaches us that men commit murder
| only for the most serious motives, and
that is where we meet the most seri'
| ous stumbling block in this case. The
great, ringing question is Why would
he do it"
"Ycu are told that ct HansEa a
| stranger to DR.. Koch came to him:
was in his office a few minutes, and
| received a proposition to kill DR.. Geb-
| hardt for pay. If the defendant had
| harbored designs upon Dr.. Gebhardt's
life. it is unbelievable that he would
say to an absolute stranger what he
is said to have said to U!en.
"The evidence in this case does not
rise to the dignity Of circumstantial
evidence. Circumstant.m evidence
must be admitted as facts, bat In this
case we dispute every Circumstance. =.
Considers the Pencil.
"There is the bogy pencil. The de-
PENDANT has never denied that he had
such a per Gil. Who has said that the
pencil did not come II of some m
else's pocket, and is there II proof
that Dr.. GeGhardt did not have a
pencil?
"The defendant could rot have gone
home that night with bloody clothes
without his family knowing about it.
If the plan is going to be adopted in
this county that a persons relatives
are to be condemned as unfit to tell
the truth, we might as well dissolve
tllS little clay government That We
have ana go bacl. 70 primitive times"
Attorney Brown h3tc went into a re.
cital of the evidence rr"f@ced regard
ing the hammer fo,..G near the MUIR
dered man, and also regarding the
handkerchief with the initials C.
r.. K"
Hammer Was Gebhardt's.
He said that tie evidence showed
beyond a reasonable doubt that the
hammer was tie property Of Geb-
hardt and not of Koch.
Regarding the handkerchief, At
torney Brown said:
Il will ask the court to let you take
it and the other handlierchiefs of DR..
Koch into the jury room to give them
a minute examination to see wheth-
err or not the initials might not be G.
r. c. C. R. R. or G. r. X But if
they are C. p. K | see no positive
fact in that circumstance"
Gen. Childs closed his argument for
the state shortly after l o'clock.