The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-08-04

neighbors is stricken down with foul
murder, you must not make a move to
try to throw any light on the crime
for when YOU reach the witness stand
you will be treated by question and tone
and meditation of the voice, almost as
though you were the defendant, n as
to court to visit iniquity on the head OF
an innocent man. That is not the way
that justice should be dispensed in her
holy temple. That is not the way that
people should conduct themselves when
a great crime has been committed Gen
Childs said that he trusted that it was
not the rule, that because the quest
leads to one whom we have not sus-
pected, that there must be no further
prosecution, We pride ourselves that in
our free country justice holds her scales
with equal poise that it is the same
the high as with the low.
Gen. Childs explained how he had been
appointed prosecuting attorney in the
case, because County Attorney Hoidale,
being the partner of Henry n. Somsen,
the brother in law of the defendant, had
preferred not to prosecute the defendant.
He was not here with animosity or ven
geance III his heart, or to suppress any
evidence. If one of your number en-
tertains any such thought | would never
wish to try another case in court. |
want to be fair, and gather the evidence
and make an argument that will APP
peal to your sense of fairness.
Motive For the Crime.
Why should the defendant kill DIR.
Gerhard? If person is influenced by
any great passion, we can read it on his
face or hear it in his speech, coming out
of his unguarded mouth. Let no man
imagine that man can take into his
thoughts such purpose as that of muir
der and control it. 1t grows and grows
and the person becomes a slave. 1t
becomes his companion week in and
week out, month in and month out, and
it speaks before judgment has put on
the brake.
The testimony given by Ole Ulen was
referred to. 1t was strange that the de-
PENDANT should say what he did to Ulen,
but it is the history of great crimes
that the great criminals are making
just such foolish mistakes and saving
just such foolish things. If Ulen had
not been man respected by his neigh
bors, if any of the latter could have
said a word against him, the defense
would have had them on the stand to
testify as to his truth and veracity. His
veracity must be taken as fact conced-
ed by the defense. The stamp of truth
was on his face, in the flash of his eye
as he told his story on the stand. Why
would he want to injure the defendant,
without cause?
The defendant is a son of one of the
most respected families in New Ulm.
Do you suppose the mayor and other
prominent citizens wanted out of very
Wickedness of heart to see the defend
ant wrongly convicted? 1t is against the
very course of nature.
Stands By Ole Ulen.
But Ole Ulen does not stand alone.
There was Hialmar Hoidale, the CON
fdential clerk of Hoidale & Somsen.
General Childs referred TO the words
which young Hoidale said that the de-
PENDANT used toward DIR. Gerhard, and
also to the telephone incident at the
home of Miss Fitzpatrick while the de-
PENDANT was calling there early on the
evening of the homicide. Why did the
defendant use the name of Dr. Geb-
hard? What was there i'll the past rela-
tions of DIR. Gerhard and Miss Fitzpat-
rick to suggest to the defendant the
name of Dr. Gebhard? You get there
some inkling of the meaning of the
words testified to by Mr.. Hoidale. 1t
tends to show that there was ranking
in the heart of the defendant that night
the spirit of jealousy which will be-
come more manifest as | go on with
the argument.
Gen. CLilds spoke at length of cir
cumstantial evidence and likened it to
the spokes of a wheel all pointing from
the tire toward the hub. The spokes
are facts, and facts do not lie.
Referring to the murder, the speak
er said that it is apparent that Dr..
Gebhard fell where the smaller pool
of blood lay, got up and fell against
the map on the wall, and reeled along
the wall until he found his final rest
ing place This can be read from the
circumstances.
When men say that they must have
an eve witness to murder before con
victing the murderer, they speak with
out much thought. Let us see what the
logical outcome of such a state of at