The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-28

| DIR. Koch has spent three of the last
| six months in court rooms, and has
stood up as well as any man living
could under that charge, and is now
here for the third time.
Asa p. Brooks has as high a reputa
ton as any man in New Ulm. He is
cool and deliberate, and his habits are
above reproach. He never drank or ut
tered an oath, and up to the hour that
he looked over the transom was con-
sidcred worthy of the friendship of
DIR. Gerhard and his sister. DR.. Geb-
hard was the best friend that he ever
had. They and two other friends had
supper together the night before the
murder. He has been threatened and
misused and his business damaged and
every pressure brought to bear upon
him. Mr.. Abbott asked the jury to be
charitable and consider his surround
ings and circumstances and not distrust
him. The jury would find him to be
fair and conscientious.
When Mr. Abbott concluded, General
Childs asked him whether the defense
intended to prove that the defendant
was young man without blemish on
his character. Getting no reply, General
Childs said that the state would regard
the words of Mr.. Abbott on this as a
tender of issue
Mr.. Brown asked that the. evening re-
cess be taken, as the defense had no wit
nesses on hand, and had under consider
alton the question whether to call Mr..
Brooks to the stand at all.
The recess was taken.
Brooks Is Called
Asa P. Brooks was called to the wit
ness stand this morning, as soon as
court opened. He told the story that he
has told at least five times before on
the witness stand with slight varia
tions. He told of his newspaper ex-
perience and his service in the Spanish
American war for the purpose of act
ing as correspondent for twin city pa
pers. He said that he was as intimately
acquainted with DIR. Gerhard as it was
possible for one person to be acquaint-
ed with another. Both were members
of club of four. Plays given at the
theatre were often initiated in his Of
fee. The witness attended the st.
Louis exposition with Dr. Gerhard and
his sister.
The witness said that it was easy to
hear noises from the dental offices,
while in the Review office underneath.
He had frequently heard heartrending
cries coming from the office, as is the
case with all dental offices. On the
evening of the homicide, the witness
had left the Hoidale & Somsen's office
when he had been playing cards, at
9:35 p. m. and had gone directly down
to the postoffice and two minutes later
arrived at his office and heard shuffl-
ing of feet on DR.. Gebhards floor, but
no calls for help or anything to indi-
cate that a man needed help. The scuf-
fling was continuous, with slight inter
ruptions. The witness had heard noises
quite similar at other times. Leaving
his office unlocked, the witness had
gone out A. j. Vogel stood on
the sidewalk and asked what was going
on upstairs. The witness had replied:
1T seems to be a rough house. Let's
60 up and get into it." Mr.. Vogel did
not make a move to 60, and the wit
ness had run up the stairs three steps
at time, as was his custom He tried
the door and had found it locked and
had then gotten upon the banister to
pound and attract attention and be let
in The transom had a clear glass, and
the room was well lighted by electricity.
The witness said that he saw the low
er cxtremities of a mans body lying
on the floor, but could not see his face,
shoulders or neck A man was kneeling
on the opposite side of the body from
the witness, almost facing the door, on
his right knee and with his other knee
resting on the body. He made two up
and down motions of his right arm.
When his attention was attracted by
the noise made by the witness, the man
raised up his head and then Strengthened
up and raised his right hand, palm
downward as high as his abdomen. The
witness saw the man plainly. He wore
4 black suit of clothes and SLOUGH
or soft hat with a narrow brim, well
back on his head, or a very heavy head
of hair.
Denies 1t Was Koch.
"Was the man you saw there the de-
PENDANT, DR.. George R. Koch?" asked
Senator Somerville, who conducted the
examination.
"No, sir, it was not" replied the wit
ness.
''Had he an overcoat on?"
Oh.