The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-05-19

ant, but it is a 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
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 Ottomeyel
Block in the city of New Ulm, in the
county of Brown, in this state, lying
partly upon his face, upon the floor, in
a 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. Gerhard when so found, was q
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
handkerchief much stained with blood
and bearing the initials G. R. X. and
being like a number of handkerchief
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 hand made handle some
what stained with blood.
That hammer like this one in APP
peaTance, was, a considerable time be-
fore said November lst, seen upon the
premises of f. G. Koch in said city OF
New Ulm, where the defendant George
II. 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 Gerhard was so found, and a
short time before it was so found, the
defendant Koch was seen upon the
sidewalk near the foot of the stairway
| leading up to the dental rooms of said
Gebhard, and that very shortly after he
was so seen, footsteps were heard 90
| ing up said stairway and into the den
| tai rooms of said Gebnard.
That near the same time noises as of
a 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 Gebhard was so found, and
it was found that screen in back
window of the office of Dr. Reineke, ad-
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 OF telephone wires at
tached to the outside of the building
near the window in question.
That the dental rooms of the defend
ant Koch were situate about one block
| Hoi thtiiy lioHi IHe utHlti looIiS VI SaIu
Louis A. Gerhard.
That the residence of E. G.. Koch, the
father of the defendant, George R
Koch, where the defendant tnen resid-
ed, was situate about nine or ten blocks
westerly from the dental rooms of the
defendant Koch, as well 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 Gerhard 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 snort time thereafter
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
three knives.
That situate somewhat, but indirect.
| ly, between the dental rooms of saiC
Gebhard and the then residence of the
defendant Koch ap1 about eox,o, -,