The Mankato free press., 1905-05-12


but once until this week. That was
the Sunday following the homicide or
later. Never had telephone commllni
cation with him in when / said that |
saw a man pull a knife out of Geb-
hard's neck and that he made move
to draw a gun. | never made such a
statement to anybody. Witness gave in
formation about the homicide, and the
boy in the office had instructions to
answer the telephone calls of these
papers. He himself, had had considerable
difficulty in being understood when he
was talking to st. Paul once | did
not see any cutting of the deceased but
saw a movement, and have sometimes
talked about it, that the person might
have been doing cutting. Knew Martin
Penning. Had no such conversation
with him as referred to by the state.
Had conversation early in September
with him, hut | never said to him or
anybody that | saw the knife drawn
into the bone, or that | did not think
that it was Koch because | did not
believe that he would do such a thing.
Witness denied having the conversation
with Mr.. Mather referred to yesterday.
in the prosecution. Did not tell Math-
er that | couldn't tell whether the mur-
derer was Koch or not until | had look
ed into his eye. Mather told me that
the best way for me to do, to save
trouble, would be for me to say that
| couldn't tell who the person was,
md let the circumstantial evidence de-
'ide the case. This was about Nov
lst. Mather spoke to me repeatedly
He said that later on Matner claimed
that witness mad said that he would
have to look Koch in the eye to be GER
tain whether he was not the man.
never told him that. | have been inter
rogated about this matter by many
thousand people. Did not tell Mr.. Dills
If GAINESVILLE tnat [ would not know
whether it was Koch until / looked him
in the eyes. Know Mr.. Nunes, who is
dentist at GAINESVILLE. Mather. Dills,
Miner and | had conversation about
he matter one night There was moth
ing said by me like what has been quoted
They argued between themselves that it
was impossible for me to tell, etc. Did
lot tell Dr. Reinek that | didn't know
whether it was Kocn because he could
not have washed blood off of his brown
hat. Never examined the brown hat
md over coat. Had a conversation with
Mr.. Zelle Sunday morning. He told me
row | was being prosecuted and people
we're turning against me, and how
was going to lose all my business and
friends, and asked me if | could not be
mistaken. | told him that if it was
possible for man to be changed by
vengeance or passion that his features
would be so distorted that | would not
recognize him, then | might be mistak-
N, but tnat | knew Dr. Koch so well
hat | did not think that he could be-
ome unrecognizable to me. W. T. Eek
stein and | are not on speaking terms,
md had not been before the murder
Net Judge Webber one morning. | had
1een stopped so many times by people
lsking questions that | was provoked.
lie asked me a number of questions and
was in hurry and wanted to get
lway from him. | gave him partial
Inscription of the man. He asked
whether he had a beard and | said no..
did not mean by this that he might
lot nave had a mustache. Know Mr..
Murfin and saw him in Minneapolis.
lie did not ask me whether / had not
estified at the inquest that | could not
ay that it was not Koch. and | did not
answer mo- He argued that | couldn't
inder any condition know whether it
vas Koch or not. | told him the cir
umstances and asked him what he
would do if he was in my place, and
he replied: 81 would swear tnat it was
,ot George r. Koch" | had told him
hat | was sure that it was not Koch
Witness said that he was sent for at
he time that Koch's hands were eX
lmined in Hoidale & Somsen's office
vas not closer to him than ten or fif-
cen feet when his hands were examined
I saw but one sore-I would call it an
brasiOn. 1t was on one of his fingers.
vt the Henningsen inquest Mr. Popham
ried to get me to swear that there
we're scratches on Koch's hands, and
sked me repeatedly, but | testified
here that there was but one abrasion
n them People representing the state
ave repeatedly theatened and urged
ne to say that | did not know whether
was Dr. Koch or not. whom | saw
'opham in particular did.
Brooks Continues Story.
On second cross examination, the wit
,ess said tnat he had testified at the
Iew Ulm trial the conditions upon
which he was unable to say whether he
ould or could not recognize the man as
Dr. Koch The conditions were that
| it was possible that man could be
% changed or altered in facial appear
.nce by vengeance or passion that it
would be impossible for me to recognize
lin it might be that | was mistaken,
nut that | knew Koch's form so well,
IN two years acquaintance that |
| lid not see now | could be mistaken. |
know W. G. Shepard, newspaper man,
md saw him Nov. End in my office, and
put him out at the same time. Show
| ID him through the Gebhard office and
vent down to my office. Did not tell
i'm that the man | saw could not be
g. r. K" because he was a nice young
elbow, and asked him not to publish
| <och's name. Did not tell him next day
hat | could not say that it was George
<ocn, and could not say that it was
lot for / had caught such quick
| ,lance of the man. We had conversa-
ions with Shepard, but the converse
| ions quoted were 'Some of Shepard's
ipe dreams" The substance was not
/ 4olI Chanor1 that