The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-05

Will declare Jnat ne heard .D1ngler say
ne was going to get some money out Of
the Koch case. g
BROOKS ROUGHLY HANDLED
State Well Fortified for It's Cross-Ex-
animation Of Eye Witness.
Special to The Journal. .-
Mankato, Mimi, May 5.-In its eff
fort to impeach the testimony of Asa
P. Brooks that George R. Koch was
PROSTATE form of Louis A. Gebhardt,
the state probably will call Sheriff w.
J. Julius of Brown county; Justice
Henningsen of the Justice court, in
which the original proceedings in the
murder case were held G. A. Zelle, at
whose home DR.. Gebhardt lived; Mar
tin Penning, an applegrower living near
Sleepy Eye, member of the jury in
the first Koch trial, and William B.
]Mlather and E. L: Dills, members Of
"the club' to which DR.. Gebhardt be-
at the first Koch trial, will not be
called, Mr.. Brooks having admitted on
the stand yesterday the conversation
which was held by him and the judge.
The state will askothe court to COM
pare the statements which Brooks made
on direct examination of the defense
yesterday with the statements which he
has made before. He has denied the
quotation Of his declaration to Sheriff
to put up his word against Brooks
According to General Childs' question
to Brooks yesterday, the witness sat in
his office an hour or two after the muir
der, holding his head in his hands, and
said to the sheriff: 4 ...... .
= My God! I can It get over it. The
man I saw looked more like George R.
Koch than any one I know, but before
I say it was he III have to look him
in the eyes again. I'll, never forget
those eyes as long as l. live.
Murderer Resembled Koch.
Mr.. Brooks yesterday admitted that
before he went before the citizens COM
mittee Henry Somsen went to him and
said:
"Whatever you say, Brooks, be'posi-
tive.' To this Brooks replied:sf
"There is no use in trying to tell
made wn up as as to toy 1haE shall $ say:
shall say the truth hnd only the truth.
II George IS 4the' nah aasSshould be pun;
Another statement which. Brooks ad.
the justice court was also read. 1t was
20. If you were asked to state
whether the description Of the man you
saw bending over the body Of Geb
hardt answered more to the description
of George R. Koch than any other man
y0H AnoT s Th1f w zav thygf fG It sd dXd
The statements purporting to bt
those which Brooks made to. individ
! uals Immediately after the crime were
in effect the same-that he was I'm
certain whether or: not the man was
Koch; he couldn't tell ''until he hae
| looked again into his eyes,
General Childs Severe. ~.
| General Childs was relentless in com
polling Mr.. Brooks to answer his ques
lions directly and without quibbling
He asked them in a sharp, severe tone
which he had not before assumed IL
the Koch trial, and with such asperity
that the great crowd of spectators wa
The very first question and answer por
tended what was to follow. Senate:
Somerville had scarcely finished the sen
tence: "You may cross-examine, ,
when General Childs demanded:
elbow old are you, Mr.. Brooks?''
"Thirty -six,' said the witness.
At the trial Of this case in Brow
county last January, did you not testif,,
that YOU were 81 years oldq' 4"-e.
II did, - said Brooks.
The change of testimony in this re
gard indicates how thoroly counsel TO
the state have been delving into the if
Of Mr.. Brooks They had investigates
everything the witness has done, AN
had learned, among other things, whel
he cast his first vote, at presidentia
election at Redwood Falls. Had Brook
stuck by his first statement that he wa
81, it is said the state would hay
proved that his first vote was illegal
cast. 1t appears, too, that Brooks ha
bcen kept pretty well informed as t
what the state had up it's sieve, for h
was ready to meet this question withou
hesitation.
Then the state had the witness tie
the Jury how he had wandered thr
five states. living for short periods l
as many as fourteen towns. Afte
General Childs took up the witness COZ
duct on the night of the murder. Q
direct examination yesterday. Brook
said that when he returned to his new!
paper office that evening he "read
letter and the headlines Of the new
papers, General Childs confronte
him with his previous testimony as
, what he did in his office that evening
; this contained no mention that ne ma
glanced at any newspapers. Mr.. Brook
) admitted that he had failed to ment1o
/ the fact before. 4
The Cries He Heard.
On direct examination, Brooks ha
! said that he heard inartlculate ute
ances which did not sound like the CT
Of agony General Chi1ds, looking {
the.transcript of the testimony OF tt
s witness at the justice court proceedln
!. asked:
!. "Now, Mr.. Brooks, when you test
!. fed before Justice Henningsen,, did ye
j not say: It was an angutshed outer
: that is what it was7'
. 81 will not swear that / did.
! esWill you swear that you did nots
i demanded General Childs.
d tNo, I will not, said Mr.. Brook
o The witness told General Childs TIL
he didn't think there was any troub
u upstairs when he heard the cries and tt
sound as Of furniture being overturne
: he lust thought it was 6 a rough house.
= g What was your purpose In goll
\ upstairs9'
: aTo get into the game.
s when had you last heard rou'
4 house upstairs
S S So Oh 1t Twas probably year befo
that.
j 81 General Childs couldn t get the VI
ness to make any estimate as to ht