The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-07-19
STATE MAY DROP
POISON THEORY
Koch Prosecution May Omit All
Blue Bottle Evidence
Kerchief Story Retold.

Kerchief Story Retold.
Special to The Journal.
Mankato Mimi, July l9.--Is the poi
son theory to be dropped out Of the
states case at the present trial of DR..
Koch9
This question was being discussed
this morning among those who are fol
lowing the case closely. In his opening
address to the jury, when he outlined
the state s case, County Attorney Will
son made no reference whatever to the
blue bottle and box that played SO i'm
This. did not attract attention at first,
but it is now considered significant.
An attorney for the state, when asked
about the matter this morning, said
that the witnesses in the poison part
of the case had all been subpoenaed by
the state, but further than that would
make no statement, neither denying nor
affirming rumors that are circulating.
Other persons seen thought it very
probable that the state might not un-
dertake to show the receipt by DR..
Gebhardt Of the box with a bottle of,
poison a few days before the murder
and the mailing Of the same by DR..
Koch at Hanska.
Will Shorten Trial ~~,
If this is left out it will shorten the
trial nearly a week. It will leave out
all expert testimony as to handwriting,
tvpeWriting and strychnine. The hard
est battles in the Koch case have been
fought around this poison feature, and
many have considered it a source OF
weakness to the state s case, for it
attacking the state g case all along the
line. 1t certainly led to compicating
features.
One rumor has it that the states at
torneys are divided on the question Of
bringing in the poison case, but it is
noticeable that no foundation for it has
thus far been laid.
Kerchief Koch's. *
Chief of Police Klause was on the
stand again this morning. He said it
was admitted5s that the handkerchief
found in Gebhardt s office was the de-
fendant's. DR.. Koch had explained it's
presence il, Gebhardt's office by the
cocaine-fend story. The witness had
Koch residence in fourteen minutes and
twenty-five seconds, and ran in seven
minutes and twenty seconds.
The defendant had said that he had
walked up the center of the street as
far as Blanchard residence the eve
ming of the murder. This is 100 feet
from Minnesota street, and from there
necke's office can be seen. This indi-
Gates the determination on the part of
the state to concede that Koch went
there. The witness saw the defend
ant at 9 o'clock in the morning after
the murder and he had no overcoat.
Klause was subjected to rigid cross
examination by Abbott.
Klause Cross Questioned.
Chief Klause's discrimination was
conducted by W. D. Abbott, and was
not ended until 1926 am. The chief
was subjected to very searching ex-
animation by the attorney, but he stood
1t very well. Mr. Klause said that
when he went into the office of DR..
Gebhardt on the night Of the murder,
he picked up two cuff buttons that lay
stepped on one Of them and broke it.
Mr.. Abbott asked him why he had never
told of this before, but had left the
impression that the button was broken
In the struggle. fs' Mr.. Klause feplied
that he had not remembered the Incl
dent until just now. He said that he
had examined the buttons at the Koch
Similar to thesestWo.o
Regarding the testimony. which he
had given about. q conversation will
DR.. Koch, in which the latter said thai
his sister Ida had seen the handker
chief in question and that it was his
the, witness said that it was because hi
had never been asked about it before
length in regard to his answers at thu
New Lin trial aboutthe examination
OF the defendants clothing. It wa
disclosed that at that time he had SUP
posed that the" question referred to tn,
e examination made .jointly by himsel
and Sheriff Julian. RI 1850 {
The State Objects
Mr.. Abbott asked: "You were ap
verson?'
The state objected
..You hold your office as chief O.
police by appointment from himY''
The state again objected.
soa mD5d y you +1 hear him testify at tn
The state objected again, but tn
q court allowed the question to be com
pleted. -...-.- =,
did you hear him testify at the las
trial that he would like to see Dr.
Koch hanging as high as. his mil
smokestack?} General Childs object
ed loudly to this question, because h
sald that the defense was endeavOrin,
IN an unfair manner to get somethin,
before the jury which had no bushes
in this case. The court sustained tn
objection, and later, on motion Of Gen
eral Childs, ordered that the question
be stricken out of the records.
did you ever tell anybody unit
the present time about the conversatio,
with DR.. Koch about the handke1
chief?' asked Mr.. Abbott.
II told Mr.. Hoidale.''
did you tell General Child
,"Well, I don't remember, but I toll
MIR. Pfaender.'
Richardson Is Examined.
Charles Richardson, conductor O
the Chicago North Western road, wa
the only other witness examined thi
forenoon. He stated that he was acros
4 the street from the Gebhardt office a
1884 pm. on the night Of the murder
and that William Cavanagh came acros
the street five or ten minutes later an
spoke to some men. They all wen
across the street and two or three mil
utes later Mr.. Cavanagh came back an
telephoned for doctor.
Mr.. Cavanagh said DR.. Gebhardt wa
.3.= 37-o--s~co-o-o--ooo-~~~-~~ ~@~o~o~~~~o
aides