The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-05-05


compute the lapse of time. General
Childs consulted transcript of testi-
mony and asked:
Didn't you testify at the last trial
that it was less than a minute9o
Mr.. Brooks didn't remember.
What Brooks Saw.
Then General Childs delved into the
scene and circumstances of the murder !
itself His ardor in propounding his |
questions and his graphic descriptions |
caused the hundreds of spectator 10 sit |
with open mouths, their ears straEed to |
catch particularly the low replies of the |
witness. Brooks had said on direct |
examination that the eyes Of the muir
body on the floor, had SO transfxed or
riyetedo his gaze, that he did not
take careful note of the other features !
OF his appearance, and 1T was this
riveted gaze which prevented him from
telling positively whether the murderer
wore SLOUGH hat or had just heavy
shock of black hair.
"Now, Mr.. Brooks, didn' you know
tina you were looking upon very
extraordinary scene when you looked at
that man whose eyes riveted your at
tention SO strangely?'
Mr.. Brooks did not.
why didn't you call out at that
Cl1nC? -
Ono excuse for it that could see.'
Thought He Was "Trespassing.'
The witness repeated that the first
impression he had was that there was a
dental operation being performed and
that the patient had gotten out OF the
chair. He said he feared he was tres
passing and started to leave. General
Childs got him to say that he knew,
from his general appearance, that the
no f BE hste by he 1Sy
Childs leaned forward in his chair,
pointed his finger at the witness, and
said:
"Mr. Brooks, did you ever see dem
fist lying on the floor on his right side
with a patient above him when he was
having his teeth pulled9'
court ' which was quickly slenced by the
bencR eGenssrs chds o TepeaRt edd his
question, and Mr.. Brooks said, emo,
."Yet you declare, do you, that the
first impression you had was that den
tai operation, was being performed?'
eyes, SIR"
General Childs insisted after his first
protest, that the witness describe his
feelings when he looked over the tran
som. Mr.. Brooks said it would be
foolish and ridiculous'' for him to at
tempt to do that. Then General Childs
shouted:
HMr. Brooks, you saw that the doors
to DR.. Gebhardt's office were locked,
when it was the custom, as you know,
to have them unlocked when the den
fist was inside; you saw a PROSTATE
form on the floor with blood on the
sleeve, and another on top, which you
knew was not that Of your dear friend,
DR.. Gebhardt, and yet you say it would
be foolish and ridiculous for you to
attempt to ID, describe your feelings?,n;
eyes, sir.'
Lawyers Lively Tilt.
General Childs then asked the wit.
mes as to certain testimony as to what
was on the murderer's head which he
had given at the bearing before Jus
tee Henningsen; ~ G gu TOR the de.
the transcript Of that testimony. He
1 said that he was.
: A sharp colloquy followed, Senator
4 Somerville 8 demanding the testimony
and General Childs stoutly refusing to
give it over; it. was a Transcript pre-
pared at the expense~7of and for the
-. citizens of New Ulm who were prose
; Fcuting the case and was private prop
erty, just as the notes of a lawyer are
private. Judge Cray said:
1 a"l know OF no reason why wit
s mes cannot be interrogated in any man
Q ner, with or without notes. Proceed
c gentlemen.'
Like Look of Dog.
q Pressed by General Childs to describe
4 the expression on the face Of the mar
whom he saw there at the side of the
PROSTATE body, Mr.. Brooks said:
e ut was a look one would get from
l. dog when he is caught doing some
Q thing he hadn It ought to be doing"
S you saw, was it9' demanded Genera
d Childs, leaping from his chair and ap
preaching the witness.
Senator Somerville also leaped to hi
feet and shouted:
II object to the counsel standing ii
! from; and browbeating the witness. -
, ''That used to be the approved Gus
!: tom,' said General Childs as he re
. sumed his seat.
q "It is a custom which has not beer
y entirely ignored by either side in thi
s case, if I remember correctly sai'
J.. Judge Cray pleasantly. "Counsel ar
= REQUESTED, 50 far as possible, to remain
!, coed, gentlemen.''
Defense Fails Again.
After the mid-session recess, Genera
I Childs returned to statements whic
n the witness was alleged to have mad
y to various persons at the various pre-
ceedings. Once when. he referred to
manuscript in hand, Senator Somervill
= again interrupted, saying:
n tCounsel for the state have admit
e ted that they have used the transcript
q Of the testimony taken in the proceed
d ing before Justice Henningsen. W
n have. never been permitted to see tina
II transcript save for very short tim'
IS Common sense and justice should sus
Us gest to counsel for the state the prt
g priety of submitting it for our exam
Y ination now in order that this wi