The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, 1908-03-06
LEGAL BATTLE ROYAL
Now Being Waged in Madison In the
Boche Murder Trial.

Now Being Waged In Madison In the
Boche Murder Trial.
Madison, Neb., Feb. 2S.-From
staff correspondent: Yesterday after
noon when Senator Allen, attorney for
Boche, and Attorneys Koenigstein and
Jackson, prosecuting for the state,
brushed over the attempt Of the
county attorney to place Boche's re-
volver in the hands of the jurymen,
the legal battle Of the Boche murder
trial was formally opened. County
Attorney Koenigstein succeeded in
getting the gun over in the jury box
but it took thirty minutes to do 1t.
Senator Allen entered his objections
in the record.
With the gun incident in the records
and with the testimony Of the defense
beginning, the legal contest between
the opposing attorneys pushed into
the foreground. Then the trial at
Madison in addition to the dramatic
elements in it's story developed into
big legal battle.
The state presented its case in
|
that there had been no quarrel be-
tween the men up to the time they
left the resort. Lee Woman, eye wit
ness to all the details of the shooting,
| told that farmer was merely trying
to get Boche into the cab when with
aside, flashed out a revolver and fired
three shots into the mans body. The
state contests the claim that Boche
was dead drunk" or that a struggle
or quarrel preceded the shooting. A
good part Of the states efforts were
devoted to establishing legally that
farmer was dead and that Boche had
killed him.
The case of the defense is naturally
more complicated. Its outline was
given Wednesday and its foundation
laid yesterday. The defense attempts
to impeach the testimony Of the states
eye witness, Vroman, to discredit his
testimony. And the defense attacks
the character of farmer, the dead
saloon keeper. This outline appears
in the Boche case: Boche, farmers
victim, drugged and drunk, robbery,
resistance, struggle, defense of pro-
perty, justifiable homicide.
There has been months Of work
put in on the Boche defense. That Is
shown by the mass Of information in
the grasp of Boche's attorneys, the
witnesses on their lists, the outline
and structure and completeness of
their case.
trial, big legal battle just now the
center of the stage in this section.
Everyone connected with the big case
is on strain.
Herman Boche, on trial for his life
for all that he sits there stiff and stolid
is under a terrible strain. Boche's
hair is fast turning gray. Those
gray streaks have been coming, it is
said, since his present trouble started
Boche was upset by his brothers
tragic drowning on the eve of his trial
1t is rumored that Herman Boche be-
lieves that his brother committed
suicide.
At Herman's side is his wife. She
has not missed a minute of the trial
and it is all heavy upon her,
! Boche faces long table in the
court room. On one side sit NJ. D..
! Tyler, Burt Mapes and former United
States Senator William V. Allen, the
lawyers who are defending him, and
on the other side of the table are
County Attorney Jack Koenigstein and
Judge n. d. Jackson of Neigh, prose-
cutors. On the bench is District Judge
A. A. Welch. Just little to one side
is Court Reporter William Powers and
right next to him and adjacent to the
railed-in jury, the witness tsand. Dis
trict Clerk Fields has his desk be-
tween Judge Welch and the clerks
office, now filled with witnesses.
With Herman Boche occasionally
but most of the time in the witness
room is Mrs. Gus Hanska of Wake
field, his sister. Carl Sorg, a brother
in-law, has stood by Boche and Carl
Reiche is also down at Madison.
Until today Herman Boche's sons
had not been to the court room. Fred
Boche, a cousin, the Madison county
giant, was also sent for last night.
Mrs. Frank farmer, the widow of
the man Herman Boche killed, came
to Madison yesterday.
So the trial goes. on. The lawyers
clash oftener as it advances, the wit
nesses get less and less mercy, the
LAWYERS gather around the reDOrters
desk more and more frequently to die
tate long exceptions to the judges
ruling.
And out in the crowd men are wager
ing on the result.
| Yesterday the crowd forgot itself