The Norfolk weekly news-journal., 1905-04-28
DR.. KOCH LAUGHS ALOUD
WITNESS MAKES HIM FORGET
HORROR OF MURDER.
TO IMPEAcH ASA p. BROOKS

Testimony Of New uIm Editor, Who
is the Strong Hope Of the Defense,
May be lmpeached by the Prosecu.
tlon at This Trial.
Mankato, Mimi, April 27.-Specta-
tors, counsel, jurors and even George
II. Koch, the defendant, laughed out
right in court today, despite the re-
peated admonitions OF Judge Cray
that quiet must be preserved in order
that there might not be given any ex-
preston of approval or disapproval OF
the statements of witnesses. Cecilia
Mertinka, with her quaint German ac-
cent and idiom, created the merriment
and relieved the proceedings Of some
of their awesome features, as she
graphically described the sound she
heard Of the struggle in DR.. Geb-
hardt's office.
Miss Mertinka is the girl who, with
Joseph Polta and Frances Roesch,
was attracted by the cries Of the dy-
ing dentist. She is II, has a red face
and auburn hair, which was partly
covered by a brand-new, wide-brimmed
straw hat, on which trembled dozens
of pink rosebuds. In striking contrast
was her new bright-blue dress.
Under cross s-eXamination by Senator
! Somerville, the testimony was anus
ing in spite of the evident sincerity
of the witness and her painstakng
endeavors to comprehend and an
swer intelligibly. At times tears glis-
tened in her eyes, but she stoutly held
them back; and while admitting that
at the first trial she was so scared that
she could not tell accurately as to the
time, she maintained that she was not
scared bit today.
Defense Confuses Witness.
She became confused under Senator
| Somervilles close, sharp, questioning
and couldn't tell how many minutes
there were in an hour, nor how many
seconds in a minute, nor whether she
had left home that night at "a quarter
to nine" or "three-quarters to nine,"
and when pressed for an explanation
of what she meant by three quarters
to nine" she could give none.
Her testimony as to what she heard
on the night Of the murder when she
stood with her companion across the
street from, and then directly below.
DR.. Gebhardt's Office, was substantial
ly the same as that given by Joseph
Polta, who preceded her on the stand.
She said that they heard loud cries or
| Oh in n
ing from Dr. Gebhardt's Office. When
asked to describe these cries she said
that they were like "O-w, o-w."
She shouted these exclamations in
such a shrill loud tone that the spec
tators laughed, apparently failing to
note in the peculiarly Of the girls
expression, how terribly significant
they were.
To impeaeh Brooks.
AS interesting as conversation re-
lating to the trial itself is the contin-
uous discussion here Of the situation
as to Asa P. Brooks. Stories Of plans
for radical action in the case of the
New Ulm newspaper man are heard
on every hand.
Persons closely associated in this
trial with counsel for the state declare
that the prosecution has made elabo-
rate preparations to impeach the tes-
timony of Brooks, who at the last trial
declared that he saw the murderer,
that it was not Koch, and that he did
not know who 1t was.
1t was said this afternoon by a man
who has worked for the state in this
matter that a large number Of wit
nesses will be called, and that one Of
them will be Judge B. F. Weber, who
presided at the first trial.
Another story is that Brooks will be
called as a witness by the state. The
object of this is not clear, as the state
could not then impeach him.
Spectators began arriving at the
courthouse an hour before the after
noon session began, and the court
room was crowded before 1920. Hun
dreds went away unable TO get in.