Willmar tribune. [volume] (Willmar, Minn.) 1895-1931, 1905-05-03
"a 4! Ekl { (, OCH J /. TRIAL. !.
The Second Trial Of the Noted Case
9 Begun at Mankato
First Evidences. s.. *z1:

= Begun at Mankato--5. 5
First Evidence. s.. Is
Mankato, Mimi, April &c, DIR .2B.
Weiser was the first witness called Joy
state yesterday. He performed the
post mortcm on the body of DR.. Geb-
hardt and his testimony was largely
regarding the cuts and bruises He
told how he had inserted hisindex fin
ger III the wounds and described the
curly hair, drenched and matted with
blood. +
On cross-examination by Attorney T..
L. Brown. DR. Wciser said he had ar
rived on tho scene of tho murder few
minutes after 10 o'clock. The defense
desired to emphasize this time because
! when the doctor arrived the blood had
not coagulated. 1t helps in establish
ing the time of the. murder ut such a
late hour that Koch could not possibly
have done it and got home at the time
proved by his alibi
Mankato, MINI. !, April :7.-Local in
teresty in the Koch trial is waxing
81 When court opened yesterday morn
ing every seat in the big room was occu-
pied. DR.. Koch was accompanied by,
his father and his brother William.
Mrs 7. f. Zelle, at whose home Geb-.
hardt lived, was in court with Henry
and Emma Gebhardt. a.. = 49,,
Miss Cecilia Mertinka was placed on
the stand. Her testimony as to what
she heard on the night of the murder
when she stood with her companion
across the street, from, aud directly
below, DIR. Gebhardt's Office, was sub
stantially the same as that given by
Joseph Polta, who proceeded her on
the stand. She said that they, heard
some loud cries or shouts like ''some-
body in pain" coming from DR.. Geb-
hardt's office.
A dramatic story of the discovery of
the fact that murder was being done
in DR. Gebhardt's Office and of the
breaking into the room where the
dead man lay was told by Frank
Behnke. His description of the posi-
ton of the body, the overturned chair,
the ruffled rug and the spattered blood
on the floor, map and safe, all indi-
eating, rs he said, that there had been
a scuffie or fight, was the same as he
gave at the first trial. He then told
of picking up the hammer and hand
ikerchief in the reception room, three
feet from the operating room door.
Manhato, Mimi, April 2s.-Chief of
Police Adolph Klause, on the witness
stand just before noon Thursday, de-
:lared that Miss Ida Koch. sister of
George Il. Koch, had told him that the
handkerchief found in DR.. Gebhardt's
Office on the night of the murder was
lone of Georges and that sit was
one she had marked with the initials
q. R. K"
Joseph Weisenborn who admitted at
the first trial that he twas afraid of
the dark" declared in an injured tone
that he was a greatly misunderstood
man. He admitted time and again
under cross-examination that he was
not scared that night when he went
| into the Office. When asked if it was
not true that he had testified at the
first trial that he was afraid of the
dark, he replied: ''Oh, 1 said that Just
in fun" The court room laughed up.
roariously:: ~<;'''..' - ':'s' "
Brigadier General Joseph Bobleter
of the Minnesota National Guard
came over from New Ulm and was
called by the state The important
feature of his testimony related to the
pencil found near the dead mans side.
On the first day of the trial former
Coroner Fritche testified that the PEN
Gil lay only about three inches from
Dr. Gcbhardt's vest pocket, northerly
from the body and that it had the ap-
pearance of having just fallen out Of
that pocket. He also said some small
papers were protruding from the pock-
ct in the same direction.
When Frank Nenno, went on the
stand the listeners in the court room
were given a vivid picture of the ter
ror which the sight of the mutilated
body of Dr. Gebhardt created in the
hearts of those who first beheld it.
Regarding the time, point which
is all important, Nenno said it was
o:3s or $40 when Cavanaugh sum-
moned him from the saloon. He said
he had heard Conductor Richardson
say it was 9:34.
Mankato, April 29-The hammer was
paramount in the Koch trial yester-
| day. The state has planned to prove
positively that the instrument of
death belonged TO the Rocks To do
this several new witnesses are in court.
Mr.. Abbot, of counsel for Koch,
stood in front of the witnesses and
held in front of Reinhold ~Damns, a
witness, two carpenters hammers
one having the right claw broken, the
other the left claw-and asked Young
Dahms to tell the jury which was the
Koch hammer.
When Mr.. Abbott held the hammer
in front of him, Dahms, without hest
tation, positively declared that the one
which was found in DR.. Gebhardt's Of
fee, and which, has been in evidence
throughout the new trial was. the one
he had used many times in the six
winters he worked as choreboy at the
Koch home. This is tho hammer that
has the right claw broken. At the
first trial the members of the Koch
family described their missing ham.
mer as having the left claw broken.