The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-12

innate with any member of the Koch
family, except Mr.. Somsen. / have tes-
titled five times on the witness stand in
this case.
Gen. Childs objected to this line of
questions, but the court overruled tine
objection.
"When and where did you first tes-
ttify?"
"At the coroner's inquest"
"Did you testify at socalled pro-
ceeding before Justice Henningsen?"
| "Yes, sir.'
"Was there anybody charged with the
crime before that COURT"
mo, sir.''
'Was the defendant represented at
that hearing?"
"No, SIR
"Who conducted the examinationi"
ga man named Popham."
''Who asked the questions?"
Gen Childs: 81 object"
| court: OD)ectlOn sustained.
/ "Then you testified at the last trial,
did you not?"
| eyes, sir"
"And before the grand jury?"
| eyes, sir"
The Fatal Night.
The witness attention was then d.
rected to the evening of Nov. lst.. He
said that he had gone to the postoffice
or Stricken block and played $500 in
Hoidale & Somsen's office. The defend
ant came in, but did not play cards. Al
fred Vogel Joined in the game. DIR. Vo-
gel and Mr.. Higgs came in, the latter
taking part in the game. Noticed that
DIR. Koch was wearing brown derby
hat, but did not notice his other cloth
ing. He and DIR. Vogel sang popular
songs. Both have good voices and are
good singers. Did not notice when DIR.
Koch left. The game broke up at 9:35.
Mr.. Hoidale kept looking at his watch
all the evening, as he wanted to quit
early, as he had not had much sleep,
owing to his having been electioneering.
| As tine party arose from the table, he
said that it was $3.50. I went to the
postoffice and got the mail and then
started out with Mr.. Somsen as far as
the Corner Store, paused q moment,
bid him goodnight and went to my Of
flee. Somsen went home. left Hoi-
dale in the postoffice. 1t is aobut
! block from Hoidale & Somsen's office to
mine, and across the street. passed the
two Baltrusch boys at the Mosberg
corner. They were employees in my Of
fee. 1 have no recollection of seeing
anybody else on the street. AS passed
in front of the drug store, near the bar
Der shop, heard noises upstairs. They
were inarticulate utterances, not cry
for help or indicating pain or distress.
They did not impress me. 1 unlocked
my office, went in and spread my mail
out and glanced over the headlines of
the papers and opened and read one let
ter of about hundred words. During
this time heard a continuous shuffling
on the floor above.
The noon recess was taken here.
Mr.. Brooks examination continued
this afternoon. Had frequently heard
scuffling up there. He took lessons
with the Turner'S society, and he and
his friends often went through gymnas-
/ tics at his office. A number of the
young men were in the habit of drop.
ping in there evenings. He was as near
ly perfectly developed physically as any
man I knew Of
After 1 read my letter / went out on
to the sidewalk and met A. j.. Vogel,
who wanted to know what was going
on upstairs. said it sounded like a
rough house and said let's go up and
get into it. He didn't want to, and I
went alone upstairs.
Witness identified plat of the Geb-
hard offices. I went to the door to the
reception room, which was always un-
locked, but found it locked Had not
heard any noises from time began to
go upstairs. Tried the door to the
operating room and it was locked. This
door is two and one-half to three feet
from the banister at the top of the
stairs, and the banister was about three
feet high. The doors We're locked, 80 I
got up on the banister thinking to at
tract attention of the parties inside SO
they would let me in. The operating
room was well lighted.
Looked Through the Transom.
When / looked through the transom /
saw the lower extremities of men ly-
ing on the floor, from the chest down.
Could not see his face. His left arm