The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-04-21


facts in the article were varacious-that
seven of the nine jurors voting for ac-
uuittal had written to the other three
saying that they had changed their
minds and were convinced that they
ought to have voted for conviction. |
,lso have letter from q Mr.. Pickle to
this effect. The article was published
as matter of news, without thought
as to the effect, as | am publishing a
newspaper.
Mr.. Abbott asked in regard to inter
views with Henry n. Somsen and DIR.
Gebhardt's brother, appearing in the
Brown County journal, and in regard to
dispatches sent relative to Che matter in
the st. Paul Dispatch or the Minneapo-
in regard to prejudicing people or jur-
ors against Koch. / heard Judge Cray's
charge to the jury to hold their minds
lear of the case and | commented upon
it, | was not intending to insinuate
that Koch was guilty because he en-
ployed lawyer Immediately after the
murder. | heard Geo. w. Somerville's
statement that he. was not employed
until the Thursday after the murder.
[ wanted to draw it out that an inno-
cent man had an attorney, and had en-
)loyed him within forty eight hours.
Mr.. Abbott questioned at length re-
sarding an article contrasting the st.
Paul and New Ulm murders. He also
Questioned in regard to statement
that there was an eye witness to the
New Ulm murder, meaning Brooks. Mr..
Leisch had written that a man VINO was
! witness ought to be made to divulge.
He also explained in regard to a state
ment in his paper that Gottschalk had
10 money and was likely to be hung.
He said that it was true that he was
rying to bring out by this the fact
hat Koch's father mas money to use in
the defense of his son. He said that he
had mentioned that Koch was a Mason
md not Lutheran because Koch had
stated in Mankato paper that he was
communicate in the Lutheran church,
md not to create prejudice against MIN.
The paper of March 4th was introduced
IN evidence over objection by Mr..
Liesch's attorneys.
The paper of Feb. 18th was then tax
IN up by Mr.. Abbott, who question:.
Mr.. Liesch regarding articles in it on
he intended to prejudice the Lutherans
against DIR. Koch, but had published the
article only as a matter of news. Mr..
i4iesch stated that he intended to con-
yey the idea in an article headed
Whittier Are We Drifting" that the
true facts in the Koch case are being
suppressed. In another article the idea
was sought to be conveyed that the de-
tense has mouthpiece-a certain New
Ulm paper. Certain information regard
ing what the defense was said to be do
ing in regard to the hammer matter was
gotten from Detective RydeIl. The paper
containing these articles was introduced
in evidence
Mr.. Abbott took up articles in the
New Ulm Journal of Feb. llth. He ask
ed what Mr.. Liesch meant by putting in
Dig, black type Guards Against Jury
Fixing, and whether he didn't mean
to insinuate by it that the jury had
been fixed" at the previous trial. Mr..
Liesch said that Mr.. Abbott could draw
tended that at that time He said that
he might have made statements verbal
ly that the jury was fixed He said
that he thought that he could not be
brought before Judge Cray. He had
written an article on ''Dr. Koch Caters
to Public Sentiment" because Koch had
said in a Mankato paper that he was
a communicate of the Lutheran church.
Regarding one statement. Mr.. Liesch
stated that if he had been resident
of Blue Earth county or had thought
he was in the jurisdiction of Judge
Cray he would probably not have pub
lished it.
Mr.. Abbott read an article by Mr..
Liesch strongly censuring Brooks for
alleged perfdious faithlessness to his
dead friend, Dr. Gebhardt. He asked
Mr.. Liesch what effect this article
would have on the jurors in the case.
MIR. Liesch replied that he could not
judge, and probably would not have
written it if he had lived in Blue
Earth county.
Mr.. Abbott referred to an ar
ticle in the Brown County Journal of Feb
Atm, headed ''Stoops to Depths of In
fanny" Mr.. Liesch said that he was
trying by this article to give the state
fair show before the public. When he
wrote that Brooks was trying to shield
someone. He did not mean any particu-