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

doubt lnterpose an unmountable bar
rier over which you cannot cross In
the exercise OF your judgment.
"In a trial OF this Importance much
rubbish accumulates, partly through
purpose and partly thoughtlessly.
THE state could not select the place
OF a crime or pick It's witnesses. II
Herman Boche is guilty he selected
his own ground. The witnesses must
be the associates of the man who com
mts the crime and from them we
must search for the truth
"The defense did not call anyone to
testify that the reputation of any of
the states witnesses was bad as to
veracity. Nor does the occupation Of
a man determine his reputation for
veraclty.
Edna Ingham was part of the de-
Tense of this case And other wit
nesses attacked were called by the de-
Tense and in this way were youched
for by the attorneys for the defense.
What OF Frank farmer? He may
not have been the kind OF a man In
whom you would impose the greatest
confidence. But he had the right to
live. Nor was 1t in the hands of the
defendant to punish farmer because
he was a saloonkeeper.
"The defense claims that providence
directed this act of Herman Boche's.
But once went to Sunday school
and there read an injunction, Thou
shalt not kill" 1t would have been bet
ter put to have said that Herman
Boche having filled up with booze and
being prompted by the devil fired
those shots.
Malice is presumed in purposeful
killing
why didn't farmer take Boche
friend, why didn't he take him home?
This is the question that the counsel
for the defense has been reiterating.
My dear friends that was just what
farmer was trying to do.
Herman Boche hasn't claimed to
a very weak-minded man. You have
seen him on the stand and you have
| the right to decide whether he is
strong minded, whether he Is a saint.
True Boche testified that he went to
church once. But farmer went to the
same church meeting. BY the same
token II Boche was a saint, farmer
was a saint.
farmers saloon was Boche's saloon.
There he associated with the class Of
men his counsel condemns.
"And then Red as he is called, is
man Boche to fire three shots without
interfering. You saw Red on the
stand and you saw Herman Boche.
You know that when Herman Boche
used his revolver he was dangerous
man. Why, it would have taken half
put Herman Boche down on his knees.
"Boche has been paraded before the
jury by his defense as a coward. My
experience Is that coward Is the
most dangerous man on earth. With
Boche holding that smoking gun
|
! Now when man Is assaulted he
does not set the standard to deter
mine whether or not his life was suf-
ficiently in danger to justify him shoot
ing. Testimony that farmer was a
powerful man has no connection with
Boche's defense because Boche swore
that he did not know who was assault
ing him.
1T is finally conceded that Herman
Boche is not insane but that he has
an unbalanced mind. He has mental
instability of the nervous system,
sometimes more nervous than at other
times. How was he last May? He
knew what his assailants were doing.
He knew that he was assaulted. He
knew that he was robbed. He knew
that he reached in his pocket for his
revolver and shot. Was that mental
instability?
at is now suggested that Boche
when he started off, started for home
as he ought to have done, following
the road automatically 1t is little
peculiar that he took the right direc-
ton automatically Let's see how far
he went. Now its fortunate that he
came to- in the night season or that
he hadn't kept to- when he started
home-otherwise he might have been
arrested. Now isn't it little peculiar
that he woke up in that pig pen in the
night time when no one could see him
suppose he woke up automatically.
1--WE are challenged to say that Her
man Boche never took $760 to Norfolk
and | am inclined to accept the chal-
lenge. Little things sometimes lead
to important conclusions. Mrs. Boche
and l sympathize with her-says
that Herman had the money, $500. The
boy says that Boche counted the
money and put it in purse with a
clasp. Now while on the stand for the
defense Emil Koehn testified that Her
man showed him a purse with a clasp
and said it held less than 800. That
| rouIdn't stand That how was off the