The Mankato free press., 1905-05-12

case had been taken at the expense of
| Brown county and transcript made
| and handed to the state and not filed
| This affidavit was filed for the purpose
OF making a record on the refusal of the
court to order the state to show its
, copy of the testimony to the defense.
Mr.. Nelson's examination continued
this afternoon. If he was to receive a
box like the blue one with a bottle in
it he. would take it without question.
| On cross examination, the witness
said that he would not know that bot
tie was in the box, and would not be
allowed to open the box to see. The
mark on the box was made with a seal
like Mr.. Rays.
Stamp Was Similar.
James j. Ray, the third mail clerk,
said that his stamp last October and
November had the year "1904'' on the
lower line. He was not working be-
tween Oct "a and Nov. lst, that being
his week to lay off. He was at Storm
Lake that week and had the stamp eth
er in his satchel at the house or lock-
ed in the depot. The defense offered in
evidence an imprint of the witness
stamp. Witness said that the mark on
the box is similar to the mark made by
his stamp. Had no conversation about
receiving box at Hanska Would not
refuse to receive such box as the one
i nevidence. Within two weeks after
tn homocide witness gave Mr.. Rydell an
impression of his stamp and told him
that he was not on duty the last week
in October
On cross examination, the witness
said that he had received no box at
Hanska, and had not talked with any
body about it except Mr.. Rydell. Told
him that | thought that l had received
a box similar to the blue box, but could
not say when or where
On redirect, witness said ne had no
substitute the week that he laid off,
and tha tMessrs. Leech and Nelson were
making the run.
Hammer Was Different.
L. w. Barnes, president of the Inter
State Accident association, said that his
offices are across the hall from Dr.
Strickler's office There were two type
writer's in the fire insurance company's
office, newt door, the big one in evidence,
and a small one. The latte rwas never
locke dand was accessible to anyone en-
tering. The ribbon was black. There
was a typewriter in DR.. Strickler's Of
flee, and two in Hoidale &, Somsen's Of
flee, and DR.. Koch was frequent Wis
itor in the latter DR.. Koch's tools are
hanging on nails driven in the wall five
feet from the floor in his laboratory
Remember hatchet, horn hammer
and smaller, old hammer, which. | have
seen there since the homicide. was in
that room three or four times a day.
The drinking water is there. Never
saw in that office a hammer like the
one in evidence. | borrowed tools there
frequently, generally taking the hat
chet. The wide carriage typewriter was
kept in the room opposite DIR. Strickler's
office in September, and after that was
Kept in rear room, to enter which a
person would have to 90 through the
bookkeeper's room and pass the door of
,he secretary. 1t was kept in a self
ocking roll top desk and was locked
1t night. DR.. Koch was wearing a
brown derby before and after Nov. lst.
de wore a black cravemette overcoat,
ong an dloose fitting. He ware it
i -,uita a long ti,,,o-after -Nnu--1s st Don't
1
previous to Nov. lst.
On cross examination, the witness
aid that he had gotten the wide type
writer to write policies with, and used
It to considerable extent, but not
'or general correspondence. 1t was re-
urned to the house the last of October
the wide carriage typewriter was
kept locked most of the time, but may
lave been unlocked a good many hours
when it was not in use The little one
was never locked.
| Frank III. Behnke testified that the
handkerchief and hammer were in the
reception room, three feet from the
loor to the operating room. Chief
[lause did not that night say any
hing about any letters being on the
| handkerchief.
On crosses examination, the witness
said thta the hammer handle had the
appearance of having been wiped off.
Impeaching Dingler.
Fred Engelbert, the saloon keeper
| opposite Dr. Gebhard's office, testified
o conversation with Edgar Dingler
| lfter the homicide. The latter started
talk about the case, and witness told
Tim that if he knew anything he should
| ell the detective. Dingler had replied
hat he wanted to be sure about the re-
| ward before he said anything.
| On cross examination by Mr.. Pfaen-
ler, witness said that he had not told
| nybody about this before, except Mr.
| Abbott.