New Ulm review. (New Ulm, Brown County, Minn.) 1892-1961, 1905-05-17

ant, but it is circumstance bearing
upon his guilt or innocence. The want
or absence of any motive for the COM
mission of the offense charged. is re-
garded in law as circumstance favor
ing the innocence of the accused person.
Whether any motive on the part of the
defendant to commit the crime charged
against him. is proved in this case, is
ia question solely for the jury to deter
mine from the evidence in the case.
Evidence Tending to Prove.
There is evidence in the case tending
to prove:
That on the first day of November,
1904, between the hours of nine and ten
O'Clock in the evening, DR.. Louis A.
Gerhard was found in his dental rooms
on the second floor of the Ottomeyer
Block in the city of New Ulm, in the
county of Brown, in this state. living
partly upon his face, upon the floor, in
pool of blood, dead
That his skull was crushed in one
or more places, by blows from some
blunt Instrument and that there were
several incised wounds made with some
sharp instrument upon his face and
neck, that the juglar vein and carotid
artery upon one side of the neck were
both severed, and that thereby death
resulted.
That lying near the body of said
Louis A. Gebhard when so found, was a
lead pencil like one which had been
given to the defendant, Koch, a short
time before, That evening
That lying in said dental rooms was
4 handkerchief much stained with blood.
and bearing the initials G.. r. X. and
being like a number of handkerchiefs
shortly thereafter in the possession of
the defendant Koch, and belonging to
him.
That lying in said dental rooms, also,
was an old hammer, with one claw
broken, and q hand made handle, some
what stained with blood.
That hammer like this one in ap-
pearance, was, a considerable time be-
fore said November lst. seen upon the
premises of e. G. Koch in said city of
New Ulm, where the defendant George
r. Koch then resided, and that the same
hammer, or one like it in appearance,
was about three weeks before said
November lst, seen hanging upon the
wall in the dental rooms Of the defend
ant Koch in said city of New Ulm
That on the evening when the body
of said Gebhard was so found, and a
short time before it was so found. the
defendant Koch was seen upon the
near the foot of the stairway
leading up to the dental rooms of said
Gcbhard, and that very shortly after he
was so seen, footsteps were heard 90
ing up said stairway and into the dem
tai rooms of said Gebnard.
That near the same time noises as of
Il struggle, and loud calls. were heard
coming from the dental rooms of said
Gebhard.
That upon an effort being made to en-
ter the dental rooms of said Gerhard,
the doors were found to be locked, and
upon being broken open, and an entry
into the rooms being made, the dead
body Of said Gerhard was so found. and
it was found that a screen in back
window of the office of Dr.. Reineke. adj
joining the dental rooms of said Geb-
hard had been cut or torn, blood being
found upon the window sash, or frame.
or STOOL and blood being also found up
on electric light or telephone wires at
tached to the outside of the building
near the window in question.
That the dental rooms of the defend
ant hOch were situate about one block
northerly from the dental rooms of said
Louis A. Gebhard.
That the residence of E. G.. Koch. the
father of the defendant, George R.
Koch, where the defendant then resid-
ed, was situate about nine or ten blocks
from the dental rooms of the
defendant Koch, as we'll as from the
dental rooms of said Gerhard.
That about ten or fifteen minutes be-
fore nine o'clock in the evening of No
vember lst, 1904, said Gebhard was
alive, and in his dental rooms. at work.
That the defendant Koch was in his
own dental rooms on the evening be-
tween nine o'clock and half past nine
o'clock, and turned on an electric light
therein, and a snort time thereafte
turned the same Off
That a short time before the death
of said Gerhard the defendant had in
his possession in his said dental rooms
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