Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1905-05-18
ATTORNEY BROWN DISPUTES
EVERY POINT MADE BY THE
PROSECUTION.
CASE WILL GO TO JURY TO-DAY
TWELVE MEN WILL DETERMINE
INNOCENCE OR GUILT OF DE-
PENDANT.

Mankato. MINI, May 14-Attorney
Brown occupied the whole of yester-
day afternoon in his closing argument
for the defense in the DR.. Koch MUIR
der trial. He had not concluded
when court adjourned, and will con-
tinue to-day.
Judge Cray then will instruct the
jury and that body will retire, in all
probability before noon.
While the final arguments of Mr..
Childs of the state and Mr.. Brown of
the defense were being made yester-
day the court room was crowded to
its full capacity.
Throughout yesterdays proceedings
the youthful defendant showed little
concern.
Brown Assails States Case.
Mr.. Brown summed up in part as
follows:
you have heard from the prosecu-
ton the imaginary details 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 that he
had been seen and recognized by an
acquaintance and could go to his
home and bed to 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 any time to be
tapped on the shoulder by the sheriff
What Was the Motive7
Eve have a real, not an imaginary
crime, and the defendant has been be-
fore 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-
Gus stumbling block in this case. The
great, ringing question is why would
he do it?'
"You are told that at Hansl1a a
stranger to DR.. Koch came to him;
was in his office a few minutes. and
received proposition to kill DR.. Geb-
hardt for pay. If the defendant had
harbored designs upon DR.. Gebhardts
life. it is unbelievable that he would
say to an absolute stranger what he
is said to have said to Ulen.
"The evidence in this case does not
rise to the dignity of circumstantial
evidence. Circumstantial evidence
must be admitted as facts, but in this
case we dispute every circumstance.
Considers the Pencil.
"There is the boay pencil. The de-
PENDANT has never denied that he had
such a percil. Who has said that the
pencil did not come out Of some one
else's pocket and is there any proof
that DR.. Gebhardt did not have a
pencil?
"The defendant could not 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 persons relatives
are to be condemned as unfit to tell
the truth, we might as well dissolve
this little clay government that we
have ana go back to primitive times. .
Attorney Brown here went into re-
cital Of the evidence produced regard
ing the hammer found near the muir
dered man, and also regarding the
handkerchief with the initials &c.
r. K.
Hammer Was Gebhardt's.
He said that the evidence showed
beyond reasonable doubt that the
hammer was the property Of Geb-
hardt and not of Koch.
Regarding the handkerchief, At
torney Brown said:
81 will ask the court to let you take
it and the other nandkerchiefs of DR..
Koch into the jury room to give them
a minute examination to see wheth-
er or not the initials might not be G
r. g. G. R. R. or g. r. X But if
they are e. r. X see no positive
fact in that circumstance"
Gen. Childs closed his argument for
the state shortly after o'clock.
r H. "a