The pioneer express. [volume] (Pembina, Dakota [N.D.]) 1883-1928, 1905-05-19
BROWN ASSAIlS
STATES CASE
LACK OF MOTIVE FOR MURDER
OF DR.. GEBAARDT is EN-.
PHASiZED.
ELOQUENT DEFENSE OF KOCH
ATTORNEY BROWN DISPUTES
EVERY POINT MADE BY THE
PROSECUTION.
CASE WILL GO TO JURY TO-DAY
TWELVE MEN WILL DETERMINE
INNOCENCE OR GUlLTOF De.
PENDANT.

Mankato. c1inn.. May 14.-A1torncy
Brown occupied the whole Of yester-
day afternoon in his closing argument
for the defense in the D." Koch :,nr-
der trial. He had NOT concl::'!nd
when court adjourned. and will con
time to-day.
Judge Cray then will instruct the
jury and that body will retire. in all
probability before noon.
While the final arguments Of Mr..
ChildS of the state and Mr.. Brown OF
the defense were being made yestcr-
day the cour! room WAS crowded t.
its full capacity.
Throughout yesterdays proceedings
the youthful defendant showed little
concern.
5rowa Ass7ils States Case.
Mr.. Brown summed up in part as,
follows:
"Yo, have heard from the prosccu-
ton the imaginary letsils OF this
crime. You have been told how the
murderer won't step by step upon his
prey. Is there any evidence OF that?
You have been told how a professions
al fiend could do this atrocioE; and
unnatural crime: could realize tha, he
had been seen and recognized by on
acquaintance and could go 10 h's
hone and bed. to SLEEP soundly. when
he did not know but what posse
would follow him. The next day he
went down town and MINGLED with the
p:nple and kept at his work. not as
though he expected at any time TO he
tapped on Tire shoulder by The sheriff.
What Was the Motive?
Eve have a real, not an imaginary
crime, and the defendant has been be-
| tore you and told his story. We do not
| ask YOU to believe 4 word OF it. Why
| do men commit murder: History
| teaches; us that men commit murder
| ONLY fur the most ScriOnS motives. and
| that is whore we me&t The most SER
ocs stumbling block in thi: case. The
great, ringing question is Why would
he do it"
"You are told that at Hanska
stranger to DR.. Koch came to him:
was in mis- Office few minutes. and
received proposition to kill DR.. Geb-
hardt for pay. If the defendant had
harbored designs uron DR.. Gebhardt's
life. it is unbelievable that he would
say to an absolute stranger what he
is said to- haze said TO U!en.
"The evidence in this case does not
rise to the dignity Of circumstantial
evidence Circumstanr."l evidence
must be admitted as facts. bat in this
case we dispute every Circumstance.
Considers the Pencil.
"There is the bogy pencil. The de-
PENDANT has never denied that he had
such per Gil. Who has said that the
pencil did not come out Of some one
else's pocket. and is there any proof
| that DR.. Gebhardt did not have
pencil?
"The defendant could rot have gone
home that night with bloody clothes
without his family knowing about it.
If the plan is going to be adopted in
this county that a persons relatives
are to be condemned as unfit to tell
the truth. we might as well dissolve
this little clay government that We
have ana go bacl. 20 primitive times.
Attorney Brown hasc went into re-
cital of the evidence i':.,t:iced regard
ing the hammer fo::.6 near the MUIR
dered man, and also regarding the
handkerchief with the initials &C.
r. X"
Hammer Was Gebhardt's.
He said that tie evidence showed
beyond a REASONABLE do':bt that the
hanmer was tie property of Gcb-
hardt and not OF Koch.
Regarding the handkerchief. At
torney Brown said: :
Il will ask the court to let you take
ii and the other handkerchiefs Of Dr..
Koch into the jury room to give them
a minute examination to see wheth-
er or not the initials might not be G.
R. c. G. r. r. or G. R. k But it
they are G. p. X l see no positive
fact in that circumstance"
Gen. Childs closed his argument for
the state shortly after l o'clock.