The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1905-07-21

that had been worn by the defendant.
Mr.. Pau objected on the ground that
there was no evidence as to this. Over
ruled.
''No, sir"
The witness said that at the New
Ulm trial, when questioned about the
examination of the clothing, he supposed
that the questions related to the joint
examination made by himself and the
sheriff.
Regarding the Handkerchief.
''Did yoa ever tell the county attor
ney that Ida Koch had said that the
handkerchief was the defendant's?"
asked Mr. Abbott on second cross ex-
animation.
"Yes, sir, I told him on Nov 5th."
"You told that to County Attorney
Hoidale?"
eyes, sir"
did you tell that same thing to Mr..
Childs before the trial at New Ulm?"
81 don't remember, but 1 presume that
I did I told Mr.. Pfaender."
did you tell it to Mr.. Pfaender?"
''Yes, sir"
Mr.. Klause testified at length in re-
gard to the lay of the land in the Vi
entity of the Koch residence and the
creamery a nd the location of the differ
ent roads and paths. 1t was 1875 a. m.
when he was finally excused
Conductor Charles Richardson of the
Chicago & Northwestern road was sworn
and said that it was five or ten min
utes after 9:34 when Kavanaugh enter
ed Engelbret's the first time, and two
or three minutes when he returned and
telephone1 for a doctor. He then sail
that Dr. Gerhard had been injured or
killed. He and others crossed the street
to the foot of the stairs and went up
as soon as Chief Klause arrived He
saw the body, with the pencil lying on
pool of blood two feet away. Wit
ness had no pencil of that kind Mr..
Wilson conducted the examination, and
Mr.. Brown the cross examination. He
didn't know how many people had been
in the room before he entered. Witness
was in the room an hour. Noticed the
pencil when he entered. 1t was not
sunken into the blood. His first
thought was that it was a reed stem of
a pipe and he made a remark about it
and Chief Klause then turned his search
light upon it.
Frank Nenno was called this after
noon and told of the alarm being given
at the Engelbret saloon and how the
crowd assembled at the foot of the
stairs leading to the Gerhard offices. Of
ficer Weisenborn looked over the tran
som and got down and tried to kick
in the door but couldn't. Then Behnke
gave the door two or three kicks and
broke it open. This was about $40.
The room was lighted. Witness fol
lowed Behnke and Wesenborn into the
operating room, and left before any
one else came in. Saw the pencil ly-
ing near the head of the dead man.
First saw it half minute after | en-
tered the room, and before anybody had
been nearer the body than witness was.
Witness never had a pencil like that.
The pencil was left undisturbed. Sen
ator Somerville cross examined at much
length.
Officer Weisenbaum went into dark
room looking for the murderer. Pret-
ty soon he murmered something that
made witness think that there was
live man there.
Cen BobIeter testified that at a few
moments after ten o'clock on the night
of the murder he was attracted by the
crowd in front of the building where the
Gerhard offices were located. He went
up the stairway and saw Policeman
Weisenbaum pacing the hail. Chief
Klause came up and with the witness
went into the operating room. Saw
the pencil at once as it was between the
Goor and the body. 1t was six inches
from the left shoulder as the body lay
on its face. Nobody could identify the
body and at the suggestion of the wit
meas the body was turned over. The
witness examined the papers in the up
per left vest pocket and put them back
without taking out any other article
from the pocket, all of which were Sc
curely in. Witness had no such pencil
Mr.. Abbott cross examined briefly.
Richard Higgs, New Ulm miller,
was playing cards in Hoidale & Som
sens law office early OH the evening
of the murder. They, the witness and
Asa p Brooks were playing cards. A.
j. Vogel came in, and Drs Vogel and
Koch. A. j. Nogel gave Dr. Koch new
advertising pencil and gave others pen
ellis. Drs Vogel and Koch left before 9 |
p. M Witness left at 10 or Is minutes |
before O. and stood in front of the city
drllO Store DIR Koch caIna alouu an1