The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-03-06

disputed that they had been the best
of friends.
Where did Herman Bocne pass his
time in Norfolk that day? He passed
1t where he was In the habit of spend
ing his time in Norfolk.
John Herman and Emil Koehn told
you that when Frank farmer and Her
man Boche left farmers saloon they
went by the front door, farmer bolt
Ing the back door from the inside.
John Freythaler alone testified that
Boche and farmer went around the
back way. Herman Boche tells you
that he took eight drinks that night in
the saloon. He tells you that he left
the saloon by the back door. He
knew that From that time he knew
practically nothing until he felt some
one on his back. 1t seems strange
that he should remember only these
points-points contradicted by the
witnesses for the state.
Herman Boche complains of the
taste of the coffee served in the res
taurant, but he admits that he was
drunk at the time.
'At the resort Herman Boche drank
and bought beer throughout the even
ing. He knew what was going on
then, but he told you he knew nothing
from the time he left the restaurant
until he remembers drawing his gun.
when Boche was led from that re-
sort he was naturally in a stupor, he
was revived by the fresh air. Frank
got Herman into the hack, then what
does the uncontradicted testimony
show? That Herman got out Of that
hack and was able to walk away
There was no trouble of any kind
no quarrel between the parties. Frank
farmer and Herman Boche, both full
Of beer, were able to walk around and
argue as to their mode Of conveyance
home.
"If as Boche testified he backed
away from farmer, why didn't he get
somewhere? The evidence shows that
farmer staggered back from the push
of Herman BOche, back farther and
perhaps because he was drunk. Then
without warning, Boche began to
shoot.
There was no acrobatic feat of Lee
Vroman in mounting his hack with
his eyes always on Boche. He was a
man used to a cab and a cab is as
easy to mount as a chair. (Here the
county attorney drew a chair in front
of the jury box and illustrated how
Vroman mounted the cab without turn
ing his eyes away from Boche)
Herman. Herman. don't Herman
don't!' was Frank farmers cry. Did
Herman quit? No. He knew enough
} to get his gun. He knew he had shot
a man. Did he stop? Answer, no
: He moved over to farmer and pumped
two more shots into farmers body.
Herman Boche tells you that he
remembers nothing from the time he
left the restaurant until the next night
save for that brief moment when he
remembers being robbed.
81 ask you If any man digging into
mans pocket to rob would leave 6
|
, farmer robbed Boche the year before
Then why did Boche go right back tc
farmers saloon? If farmer hat
. robbed him before he would have beer
: suspicious and the truth Is Herman
, did not think that Frank would rot
him, if he kept right on staying will
. him.
81 do not believe Herman Bocht
came to Norfolk to lend farmer thai
| money. | do not believe he brought
that money. Herman Boche tells YOU
. he came for a purpose. Why at night
farmer had told MIN more than weel
before that he wanted the money. 30
che swore that he demanded security
from farmer. Then why did he come
out of bankable hours? Why did he
wait until he was drunk before he tool
up this business with farmer?
Frank farmer was passed by the
Norfolk city council as a man of goot
moral habits and character and as {
proper man to run a saloon. No one
had ever heard that Frank Jarmel
had ever robbed a man until this cast
) came up.
{ True, Lee Vroman is a hack mar
t and has ridden horses, but don't yol
. think that his evidence is as good al
any other witness called?
Edna Ingham saw Frank Jarme
I with Boche over his body firing twC
shots while he was down. There Il
! no question about that.
3 "What defense has Herman BOche
5 Drunkenness? ! think the court will
e instruct you that drunkenness is NJ
3 defense for crime.
! "Dr. Mackay, man Of great mag
{ nation, defines hallucination for you
+ He told a story Of knockout drops