The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-01-13
WITNESSES TESTIFY AGAINST DR.. KOCH
State Puts Number of Witnesses at New UIm
Today--Cross Examination Weakens Their
Acknowledgements of the Evidence.

. is hard to believe that son reared in
these surroundings could be guilty of a
crime so appalling. Men are slow to
believe, and properly so, but when the
evidence is placed before them if it be
such that he is proven beyond Il doubt
to be guilty, it will be duty which
you owe to the state to find him guilty
The general evidence of the state will
be what is known to be circumstantial
There are two classes of murder, one
which is deliberately planned and plot
ted which men do in secret, under the
shades of darkness covering their actions
while so doing. They select the time
most opportune and steal upon the vic
tim and strike him down; cool and de-
liberate murder when no eye is watch
ing, and no evidence confronts them. If
the jury setting in such cases proclaim
that they will not find persons guilty OF
such crimes when nothing but circum-
SIdHlldl eFluclice cdH Dc lOtHu lHeii nun
derers laugh in their hearts knowing
they can steal in the offices, the homes
or the places of business men and crush
out their lives and be exonerated, be-
cause the jury will not convice them fol
the reason there was no eye witness to
the overt act. Would you tolerate such
an affair, men? The other kind of MUIR
der is of a different fashion. High words
are spoken and blows are struck and in
the passion of the moment one of the
participants of the affair is killed, before
many eye witnesses. | trust that there
is no juryman on this jury that is sc
foolish as not to allow circumstantial
evidence to convince him of facts. Cir
cumstantial evidence is many times the
strongest kind of evidence. The old
saying, Facts speak louder than words,
is applicable in this case.
Gentlemen, the defendant in this case
is charged with murder in the first
degree. Here General Childs read the
indictment which has been published
heretofore.
What the Evidence Will Show.
The evidence will show that DIR. L. A
Gerhard, was dentist, and for some
years had been engaged, in this business
in rooms in the Ottomeyer block, on
Minnesota street, in this city. He be.
ing young man under thirty years OF
age and unmarried The defendant was
also engaged in the practice of dentistry
on the same street, not far from the
murdered mans office. Both men were
young and seemingly enjoying the bless
ings of peace and happiness to the full
| est extent before the murder was com
mitted Today one is gone from the
ranks of the residents of this city and
| the other is in this court room charged
with this murder. The motive which in
spired this dreadful crime is not as clear
as is generally the case when murder oil
so dasterdly stripe is committed. In
this case the state is not in possession
of any facts which would appeal to a IA
tional being not knowing the .circum
stances as being sufficient to excite the
accused with murderous intent.
Accused Entertained Murderous
Thoughts.
The state will present evidence to
show that at some time prior to the
murder that the accused had entertained
murderous thoughts toward the muir
dered man and will place upon the
stand a man of integrity, against whom
no words can be spoken, who will testify
that the defendant said words to him in
dicative of great hatred for DIR. Gerhard
The state will also present to you ser
les of facts, which cannot fail to con,
vince you beyond reasonable doubt
that week prior to the crime the
defendant attempted to take DR.. Geb
hard's life by means of poison. Now
/ gentlemen, the state will be able to
prove that on the night on which the
murder occurred DIR. Koch was on Min
nesota street just few moments before
the murder was committe, and passed
into the barber shop where Tony Simmet
works and inquired where Simmett was
and making no further inquiry left the
building and passed in front of The Re-
view office and was seen by two boys
who were working therein, Immediately
these same boys heard footsteps ascend
ing the stairway leading to DR.. Geb
hard's office, cross the reception room
and enter the operating room. The
state will prove that ascending these
steps and walking in the rooms can bt
distinctly heard in the room below.
! Now, shortly after the defendant was
seen to pass by the window in The Re
view office and footsteps were heard il
the rooms above noise was heard EN-
enating from the dental parlors. Short