The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-11

I rom Stau Correspondent -
New Ulm, Mimi, Jan. 1.-the state
R. Koch for the murder of DR.. L.. A.
Gebhard.-, .. -.ess.-.,ca.. 80
1t has also won signal triumph by
securing ruling from Judge Weber
whereby Asa P. Brooks, the only eye
witness Of the homicide, was called to
the stand by the court and both sides
permitted to cross-examine him.
:, The ruling of Judge Weber, deny
ing the motion of the defense to COM
important for the state. When the
court decided to call Brooks on its. own
motion, the state not only gained the
right to cross-examine the witness, but
to impeach him. The defense took an
exception to- the ruling, and will, in
case the verdict goes against them,
plead it as an error in motion for a
new trial, or an appeal to the supreme
court. -l.rss a. ; -. ..E4.y; .s.5sses@
Brooks on the Stand. VI
The Importance of Judge Webber :
action was seen when Brooks took the
stand this morning. When the court
asked him if he knew the man he had
seen in Gebhard's office, he replied in
the negative. When the court fol
lowed this question with "Was that
man Ln1S ueIouudnCF u6 Lndue LIE
negative more emphatic. -. z-,
Brooks testimony is practically iden-
tical with the statement, he made imme.
diately after the murder, altho the
state is striving to break down his tes'
timony by securing admissions that he
had told varying stories to people about
New Ulm. He made no admissions, al
tho he was induced to say that the mar
wore a black SLOUGH hat far back on his
head and then to say that he had either
SLOUGH" hat or a heavy mass of black
hair. The states mpeaching witnesses
will be called later. .:"+.
Admission by Brooks.
General Childs questioned the wit
ness as to the testimony he had glver
before Justice n. Henningsen at the in
vestigation by the citizens committee
at that investigation that the man he
had seen in Gebhard's office answered
more closely to the description Of DIR
Koch than it would to any other mar
he knew in New Ulm. Brooks admit
| ted that he had.
Brooks was on the stand when tn
court adjourned for the noon recess, am
the examination will probably continu
thru the greater part Of the day.
| Inc resi- OIL IHe IesGiHuohy AnIlouuSo'
this morning involved two importan
points, one for the state and the othe
for the defense. The state scored b.
the testimony of L. B. Krook, postmas
ter at New Ulm, who identified the post
marks on the poison box as those use
on the railway postoffice of the Storr
Lake and Winthrop. division Of the Min
neapolis & ST. Louis railway. Hansks
where DR.. Koch had a branch office ur
l. ;, hot vie N -. b.
The defense was helped by the test
mony Of Henry Gerhard, brother Of tn
1 dead dentist, that the lock Of hair Chic
Klause had picked up in pool Of bloc
near the dead mans body appeared t
be that of his brother. This overture
the theory that the hair had either bee
pulled from the head Of the mufdere
clothing Of DR.. Koch, who was IN Sin
mett's barber shop twenty minutes b.
fore the murder was committed.
Brothers Of Gerhard Testify.
Robert G. Gebhard, brother Of tt
murdered man, was sworn and W.
shown box similar to the one whle
) contained the poison, and said that |
:, had seen the box in his brothers off
between Nov. 8 and Noy. 10.
The state introduced the evidence
account for the box which had bee
mailed to Gebhard by the Park Day
company the same day that a simili
!, box was mailed to DR.. Koch.
! DR.. Reinecke was recalled and
( niece Of the bloodstained sill Of
window was shown him. He was al
3 questioned about the relative positit
of the wire which the murderer held
; he leaped from the room to his windo'
! He was then shown the bunch of ia
found in the murdered man g office
: Chief Klause.
!, ssWas that hair pulled out or c
: OFF,, asked General Childs.
cit was cut off, replied the doctt
t The significance of this may
d readily seen. It shows that this hs
e was either carried on the clothing
i the man who killed Gerhard or it W
]. cut from Gebhard Is head by the bio
K Of the hammer. The state will pre-
I, ably contend that the hair chung to /
d Koch Is clothing when he walked o
J of the barbershop shortly before t
murder.
W. G. Shepard. Minneapolis nev
paper man, testified to an intervi,
81 with DIR. Koch the Sunday after t
, homicide at his residence. He {
Z scribed the condition Of the defendant
# hands and his general appearance.
Henry Gerhard, another brother