The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-01-17
not been laid and the state Withdrew
KOCH NOT CONFUSED a5s. .s,
sustains Cross Examination without i
Contradiction. 8f
From 3 staff Corresnond snt.


black cravanet coat. which DR.. Koch
had worn the night that Dr.. Gebhard
was killed, the testimony Of the de-
PENDANT himself that the handkerchief
found in the murdered dentists room
and which bore hi. initials was not his,
and the searching cross examination Of
DR.. Koch by General Childs.
These matters made a visible i'm
preston upon the minds Of the jury,
espec lally when DR.. Koch IS cross-exam-
lnation was completed without single
contradiction.
After DR.. Koch left the stand his at
storneys, were highly elated, for it be.
gan to look as tho the states case had
been entirely broken. Three or four
Koch received from the Parke-Davis
company In Minneapolis shortly after
Oct. Z, and which the state claims was
the Identical box in which the poison
was mailed, and the leadpencil, which
Koch received from A. j. Vogel the
night Of the homicide and which the
state had maintained was the one found
in a pool OF blood at the murdered den
list s side, were introduced in evidence.
DR.. Koch swore that it had been in a
drawer in his desk since shortly after
the murder when he heard that the
pencil found in Gebhard Is office was
one Of the clews which the state pro-
posed TO use against him.
Point Made by State.
When the defense rested it's case it
looked like clear victory for DR.. Koch,
but minute later, when the state
started the work Of rebutting the. testi-
mony, ruling made by Judge Weber
changed the status Of the case material
ly. The first witness General Childs
called in rebuttal was Professor w. i.
Mulliken of st. Paul, an expert on hand
writing. Mr.. Brown at once objected
on the ground that it was not proper
rebuttal and was really reopening Of
the. case Of identifying the handwriting.
Judge 'Webber heard his argument
and then listened to General Child g
statement. & fl. -
7 General Childs said that when the
state had rested it's case it had been
unable to secure single specimen Of
Dr.. Koch 8 handwriting, and for that
reason had been compelled to rest with
the testimony of the Hanska editor.
| He thought that the court should allow
the swearing Of expert witnesses on the
| ground that several specimens Of DR..
Koch s handwriting had been admitted
| in evidence by the defense and that
now the states expert would have an
Judge Weber soverruled the objection
and the defense took an exception.
Professor Mulliken then testified that
the specimens Of the defendant IS script
on exhibit and the word >stsample' on
the bottle were written by the same
hand. = 3.'..y r S.sz H..
The only expert testimony that seems
to stand unblemished is that of Profess
sor II. G. Carel Of the state university,
who said that the poison he analysed
contained 9.85 per cent strychnine. It
appears that if the defense had drawn
him out far enough, there would have
been different testimony on this subject.
He sale. that he. examined less than a
quarter Of grain of the substance in
the bottle. He found it contained a
swedish substance st that I reduced ID like
Of strychnine. y The state went ahead
on his testimony and claimed that the
strychnine tablets DR.. Strickler lost had
been ground to powder, mixed with
bromo caffeine and l9ent to DR.. Gerhard.
: Professor Richar4 Fisher, state chem,
Chemistry in the IN Eersity p at Madison Il.
| said that the strychhine tablets contain
| only. 10 per cent strychnine. In his
opinion the strychnine in the bottle
which was sent! to DR.. Gebhard was not
! composed of hyperdermic strychnine,
but OF the pure drug. ,'~''s~
Evidence Threshed Over. -
DR.. Koch was cross examined by Gen.
eral Childs and was. subjected to per-
feet storm of questions.
."Did you see any light in your office
when you left Hoidale & somsen g Of
.MNo, sir, I did not look that way
oce at t that imy Fht no n sr
"You had not turned out the light in
DR.: st TT office, had youS' II
Chow long did you remain in that
! room the last visit9'
"Just long enough to turn off the
I t.'After you had turned off the light
and gone down stairs, where did you
go?n
II stood on the street in front Of
Alwan's drug store.''
How long did you stay thereto
l.. Just long enough to say good even
weather before going on.''
Then where did you gos'
son down the street, past the State
bank, over to the corner at Max Berg g
street. As / passed Feasenmeier' 8
hardware store l looked in and saw
Of Pfeferle 8 drugstore. -
Were you not walking north when
YOU talked to the Heinze boy?" Ono,
| sir, I was walking SOUTH
Did you or did you not walk north
on Minnesota street past the Heinze
| boy up as far as the hardware store,
then walk back and talk to him9" No,
| sir.'' ,s. e e.
-, What lr, gid you go into the barber
'sTo talk politics with stamm.''
HAD you been talking politics with
MYes, that same evening" u
did you talk politics when you
were in there7"
Just as came in Simmet said,
Here is q man who says that Strick-
Ter is going to vote for Johnson. -
| went out Of theref"
They say it was about 9:20 when
| went in. ItNmust have been about
Route Taken Home.''
NOW, what route did you take on
the way home9''
II went up on the north side Of Cen
ter street to State street, then crossed
I Center street and walked on the south
side to the first road below the monu
ment, thru Hermann park and thru our
coward.
fWhere were you in the cowyard
when you saw the rabbit"
| - Near the barn.
- You say that the rabbit was near
the park fenceg'' eyes"
You went into the house, took off
! your overcoat, took drink and then
| yyo,, fho11rht Won choot4 Tho rob