The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-28

/ in New Tim, was on the stand onl,
IA short time before the evening recess
| was taken
| Friend of the Defendant.
DR.. j. II. Nogel of New Ulm, close
friend of the defendant, was sworn. Al
the other two trials he was sworn by
the state. He told of the acid burns
| received by DIR. Koch and said that he
had prescribed alcohol as an antidote
There were no cuts, bruises or blem-
ishes on his hands other than the acid
burns. The witness identified the de-
PENDANTS clothing, and told of the con
ference Monday afternoon, attended by
himself, Asa p. Brooks and Messrs.
Somerille and Somsen. He had exam
ined Dr. kOch's hands On the Mon
day before the homicide he had seen
the scratches on Dr. koch'S hand and
face and the latter had told how he had
gotten them in running through the
brush while hunting the day before. The
witness had bought the perfume Tues
day afternoon for the defendant to
present to Miss Fitzpatrick that even
ing. He told of his two meetings with
DR.. Koch that evening. Referring again
to the Thursday afternoon conference,
he said that DR.. Koch had been there
but twice. for not over ten minutes each
time, and that DR.. Koch did not try to
evade the sheriff. The witness told of
having seen the lead pencil i'll DR..
Koch's office after the homicide, and de-
scribed the examination made by the
sheriff and chief of police of the de-
fendant's crovenette oyercoat on Fri
day or Saturday following the homicide.
Mr. Somsen's cravennette Overcoat was
grayish, while DR.. Koch's was black The
defendant continued to wear the same
clothes, overcoat and hat after the
homicide that he had before. The wit
ness had treated his hands Friday
night for the burns, and with Drs.
Stricken and Weiser had examined them
Saturday morning at the request of w.
f. Koch, and made a written report.
The witness had urged him to remain at
home Monday on account of his hands,
but he had replied that if he did ev-
cry body would charge him with the
crime. He had gone to his office. The
witness was there part of the time Mon
day when the newspaper reporters and
officers were there and did not hear DIR.
Koch say that cocaine fiend had stol-
en- his handkerchief, or that the hand
kerchief that had been found was his.
The witness was familiar with the tools
in DR.. Koch's office, and the hammer in
evidence was not one of them.
The noon recess was taken at this
point.
The jury contains some good singers,
and part of its spare time is put in
singing.
DR.. Vogel was cross examined this
afternoon by Gen. Childs.. The witness
said that he was an intimate friend of
the defendant, and was very much
grieved by the charge made against
him.
So much so that you and DR.. Strick
Ter few days later wept over it, did
you not?' asked the states attorney.
The defense objected to testimony
that DR.. Stricken wept, and the court
sustained the objection.
''You wept over it,"
"Yes, sir, | felt very badly"
The witness said that he had two of
the advertising pencils.
The witness had testified before JUS
tice Henningsen's court, in substance:
II tapped DR.. Koch on the shoulder and
said that he should remember that he
had a pencil and not to let them bluff
him.
Gen. Childs proceeded to question the
further about this testimony be-
fore the Henningsen examination, and
Mr.. Clark arose and presented an aft
davit from w. ID. Abbott to the effect
that transcript of evidence had been
made and is in the possession of the
attorneys for the state, who refused to
exhibit it, and that the stenographer
was required to destroy his notes SO
he could not make another transcript.
Mr.. Clark moved that the state be re-
quired to show its transcript. The mo-
ton was denied. Gen. Childs had pre-
viously refused to show the transcript.
The witness said that the defendant
was sad when he was informed that he
was suspected. At the Brown county
trial the witness was unable to state
what the effect on the defendant was.
The defendant kept his head down, and
the witness had told him to keep his
head up.
Haven't you gone around looking up
evidence for the defense?" asked Gen.
Childs.
"No, SIR replied DR.. yogel.
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