Rosebud County news. [volume] (Forsyth, Mont.) 1901-1906, 1905-02-02
AFFiDAVlTS TO THAT EFFECT
ARE PRESENTED BY HIS
ATTORNEYS.
JUDGE GRAY TO HEAR TRIAL
CASE WILL COME UP At THE
NEXT TERM OF COURT, At
MANkATo FEB. 7.

Koch, who has been confined in the
Brown county Jail since Dec. 8, 1904,
charged with the murder Of DR.. l.. A.
Gebhardt on Nov. I. yesterday was ad-
mitted to bail in the sum of $4,000
and released.
The arguments of the defense and
the state were heard by Judge Weber
at o'clock yesterday afternoon, and
over an hour was consumed by At
torney L. l.. Brown and Gen. H. w.
Childs in citing authorities pro and
cor. DR.. Koch was in the court room,
attended by deputy sheriff and At
torn eys Brown, Somerville and Abbott.
koch's Health impaired.
Attorney Brown presented an afr
davit signed by Doctors Fritche,
Schock and Welser, stating that the
defendant was greatly cmaciated by
his incarceration, had become frail OF
body, and that his health was greatly
impaired. AS he had been used to
taking considerable exercise, the close
confinement had wrought great bodily
injury. Mr.. Brown laid particular
stress on the disagreement Of the jury
in the recent trial, and said that in
other states it had been the custom
under similar conditions to grant bail.
He further stated that the nature of
the proof in the case, which is fully
before the court. and which cannot
move the mind beyond the region OF
doubt on the question of the guilt OF
the accused, in addition to the d,sa-
greement of the jury, ought to make
it clear that the defendant is entitled
to bail as a matter of right, and it
should be granted in the discretion of
the court.
Gen. chlds Objects to Bail.
Gen. Childs, who appeared for the
state, objected to the granting of bail.
He said that the criminal intent was
essentially strong in this case; that
there was an abundance of evidence
which created strong presumption
of guilt. There was correlation of
a remarkable series of circumstances,
all consistent with the theory of DR..
G. r. Koch's guilt, he asserted, and it
was incredible that the proven facts
could exist with respect to any other
person than the defendant.
Fixes Bail at $4,000.
Judge Weber stated that he had
looked up numerous authorities; that
most cases cited by the defense do
not apply to this case but, in view of
the fact that DR.. Koch did not attempt
to escape after the murder, he felt
perfectly safe in granting bail. Gen.
Childs and Attorney Albert Pfaender
stipulated that a bail bond in the sum
of $4,000 be furnished, to which At
torney Brown, for the defense, agreed,
and the bond Immediately was drawn
up, the sureties being DR.. l.. A
Fritsche, DR.. ]. L. Schoch, w. Z. Koch,
E. G. Koch, Jacob Klossner, Jr., and
Charles Wagner.
DR.. Koch left the Jail shortly after
O'Clock.
Next Trial at Mankato.
The state then asked for change
OF venue, and preferred Watonwan
county, which is in Judge Gray's dis
trict Judge Weber said that Judge
Gray would prefer to try the case al
Mankato, and it therefore will come
up at the next term of the district
court, which will be held at Mankato
on Feb. Z. The defense was more ia
vorably impressed with Blue Earth
county. 1t was generally conceded
that it would be difficult task to Sc
cure a jury in either county, as the
interest in the case has been wide
spread.