The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-01-13

morning is whether Mr.. Brooks will be
called as a witness either by the court
or the state. In case Judge Weber de-
cides that the man shall be called as a
witness by the court, as suggested by
Gen. Childs, the defense will submit
counter proposition that he be called as
the witness by the defense, the state
thus to be given the advantage of cross
examination.
Brooks Sworn Statement.
The defense is sincere in it's motion,
for Brooks made an affidavit of record
IN court in manner generating Dr.
Koch. In case Judge Weber decides
to call Brooks as witness, the defense
will offer to produce him as their first
witness, subject to cross examination by
the state.
The testimony in controversy was
sworn to by Mr.. Brooks when DR.. Koch
was looking for bail. At that time Mr..
Brooks, by affidavit, swore as follows:
"a. P. Brooks, being first duly
sworn, on his oath says that in the eve
ming of the first day of November, 1904,
affiant was in his office at about the
hour of 9:45 p. H., and heard sound
like scuffling above in the dental rooms
of said Gebhard; and Immediately
thereafter affiant went into the street
from his office; thence from the street
up the stairs leading to the rooms of the
said DIR. Gebhard's office, and attempted
to open the doors of said rooms, but that
all of the same were locked, and affiant
thereupon got upon a banister and from
thereupon looked over transom through
a glass window into the operating room
of the said DIR. Gerhard; that in SO doing
affiant was cool, collected and calm,
and expected then to see Mr.. Gerhard
and some of his friends engaged in a
friendly scuffle, as they were wont to do.
Affiant Saw a Man.
Upon looking over the said transom
affiant saw part of the form of
man lying upon the floor, the remainder
of said form being shut off from atlantis
vision, which form afterwards proved to
be the body of the said DR.. Gerhard;
that kneeling beside the body of the
said Gerhard and nearest it was man,
the upper half and head of whose said
body was plainly visible to affiant; that
said person seemed to be working at or
upon the upper part of the body of the
said Gebhard; that in getting upon the
banister aforesaid and in reaching out to
support himself while looking through
the transom, affiant made noise; that
thereupon the person kneeling by the
form of the said Gerhard faced affiant
and looked directly down and into the
face of said person and the eyes of af
faint meet with the eyes of the person
looking at him; that the person so
looking at him was wholly undisguised;
that an electric light was hanging so as
to cast strong light upon the said
persons face and that the transom
through which affiant was looking was
wholly unobstructed, as was atlantis
view of the person so looking up, as
aforesaid That atlantis face was not
more than ten feet distant from the face
of said person at the time they look
ed at each other, and that affiant obtain
ed a full and plain view of the face and
form of said person; that affiant saw
no other person or persons in said room
than as hereinbefore stated; that affiant
then had no conception that DR.. Geb-
hard or any other person had been muir
dered and was unable then to form an
opinion what the occasion of said stu
alton was, and thereupon jumped down
from said banister and Immediately went
down into the street and informed divers
persons that there was some trouble
in DIR. Gebrards office, and asked said
people to accompany him to said office.
Dead Body of Gerhard.
That shortly afterward the doors of
DR.. Gebhards office were forced open and
DIR. Gebhard's dead body lay upon the
floor exactly in the position in which
affiant had seen the body there lying as
hereinbefore stated; and that no person
was then found in the office of said Geb-
hard or any of the offices connected
Herewith, but that the back window
was found open into an alley; the screen
torn open, telephone wires torn loose and
every appearance that the person seen
by affiant as aforesaid in said office had
escaped thereby; that at no time did
affiant or any other person see more
than one man in said office beside the
dead body of said Gerhard, after the
time affiant looked over said transom
nor did any person or persons see any
nerson mr. nersons in said offices of said