The Hope pioneer. [volume] (Hope, N.D.) 1882-1964, 1905-01-19
MEMBERS OF KOCH FAMILY TIES.
TIFY TO TIME DENTIST AR
RIVED At HOME.
HAMMER IS STRONG FEATURE
DEFENSE ATTEMPTS TO CREATE
REASONABLE DOUBT AS TO
OWNERSHIP.

New ulm, Mimi, Jan. Is. - At the
close of court yesterday Senator Som
ervillc announced that G. R. Koch will
go on the stand as a witness in his
W defense in his trial for the mur-
der of DR.. l.. A. Gebhardt. DR.. Koch
may go on the stand to-day to close the
testimony of the defense.
His testimony is not expected to be
sensational, and the superstition is that
the defense will produce him as a wit
ness as an exhibit in the case
rather than for the purpose of proving
any material facts Z
May Limit Hia Testimony.
What DR.. Koch's testimony will COW
er is a matter of conjecture. He may
be asked to testify only as to his move.
ments on the night Of the murder. In
that event he cannot be cross-exam-
med by the state regarding his alleged
connection with the bottle of poison.
However, should his direct examina-
ton all phases of the case. it is
likely that Dr.. Koch will be on the
stand a full day or more. The state
has practically two cases to prove,
first the sending Of the poison by DR..
Koch, and, second, the actual murder
of DR.. Gebhardt on the evening of Nov.
L. 1t is quite certain that if the at
torneys for the state are given the op-
| %pOrtunity to c~ross-examine the defend
ant. on both charges no phase Of the
case will be left untouched.
Strongly Arrays Testimony.
Yesterdays proceedings in court
can be separated into three phases
the attempt OF the defense to prove it's
.alibi; to prove that DR.. Koch conduct
ed himself in the ordinary manner af-
ter the murder, and to establish that
the hammer found in Dr.. Gebhardt's
office after the murder did not belong
to the Koch family and may have be-
longed to the murdered dentist.
The hammer evidence was the most
striking produced by the defense yes
terday. First. there was In ATTEMPT to
create a reasonable doubt in the minds
of the jurors as to the ownership of
the hammer, and, second, an attempt
to prove that the hammer did not be-
long to the elder Koch. as claimed by
the state.
Gebhardt Had Hammer.
A. P Brooks was the first witness
called by the defense in regard to the
hammer testimony.
Brooks testified that Gebhardt had a
dence. but could not positively identi-
fly it.
G. w. Murfin testified that Gebhardt
had an old hammer, but could not
identify it.
William E. Koch, the brother Of the
defendant, was recalled to the stand to
testify as to an old hammer about his
fathers place. He said there was an
old hammer there when he was a boy.
SIS this the hammer" Senator Som
erville asked.
The witness examined it a long time
and finally answered.:
mo. sir"
The witness then explained wherein
the hammer in evidence differed ma.
terially from the n that had been
about his fathers place.
"How long since you saw the ham
mer?"
II have not seen it for over a year.
E. G. Koch. the father. was recalled
and testified substantially as had his
son. He said his hammer disappeared
about a year ago.
Several witnesses who We're treated
professionally by DR.. Koch the day
after the murder testified that no
scratches or injuries We're seen on the
defendants hands, and that there was
nothing strange or unusual in his con:
duct or appearance.
Build Up Strong Alibi..
Members of the Koch family took up
most Of the morning session in giving
the testimony which, if uncontro-
verified, will go a long way toward saw
ing DR.. Koch from the galiows. With
out contradiction, they told their
stories and stood by them. even when
fercely assailed by the -cross-examina.
ton of the state.
The father. brother and sisters OF
the defendant. testified as to7the, time
when Koch arrived home the night OF
the murder. and as to his appearance
Land conduct, which they all agree. was
calm and u%nruffed.
The alibi was exact in every partic
ular end was composed of SO many
separate parts that it will be a difficult
task for the state to shake,
Its Firm Structure.
Particularly significant was the tes
tirnony of William Koch. brother o.
the defendant. He to- Of coming
horne the night of the murder and 20
ing to he'd while the defendant wn:
reading in another room. He was
asleep when George went to bed ant
was dragging in the morning when