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; i { é * murderer MAD OR DRINK: DEFENSE IN KOCH MURDER TRIAL HAS NEW THEORY TO WORK ON. BOYS ARE STAR WITNESSES TELL OF WILD TUMUL'T ON THE STAIRWAY THE NIGHT OF THE CRIME, NINE WITNESSES EXAMINED TESTIMONY MOSTLY REPETITION OF THAT BROUGHT OUT IN FIRST TRIAL. April 26.—Was the of Dr. L. A. Gebhardt in- sane or intoxicated? This is a ques- tion the solution of which promises to cause more debate in the trial of Dr. Koch than any other feature which has yet developed: Two witnesses for the state, boys who at the time of the murder were employed in the office of a New Ulm newspaper, stated yesterday that on the night of the murder they were in the newspaper office, which is located beneath offices occupied at that time by Dr. Gebhardt, and that they saw Dr, Koch pass the office at about 9 o'clock. Immediately thereafter they heard the sound of heavy footsteps ascending the stairway leading to the dental offices of Dr. Gebhardt. Heard Wild Noise. “The man who went up the stairs ‘on the night of the murder while my brother and I were in the newspaper office made an unusual noise,” said Herbert Balturisch, who, with his brother Oscar, was employed by Asa P. Brooks, a New Ulm editor. “The man made so much noise, in fact, that my brother and I paid particular at- tention to the sound. It seemed as though we had never heard a man make so much noise in going up those stairs before, and we could hear any one ascending at any time, as our of- fice was directly beneath them. After the man ascended the steps he slammed the door at the head, and, judging from his footsteps, crossed the reception room and entered the operating room.” The statement of Herbert Baltur- isch was corroborated in detail by his brother, and, although the two wit- »s were introduced by the state, Mankato, Minn., Defense Will Attempt to show that by their testimony there was no probability that it was the footsteps of Dr. Kock they heard on the airway. “If Dr. Koch committed the crime,” said Senator Somerville of the de- fense, “he must have committed it with premeditation. He must have returned to his office and secured a weapon with which to kill his intend- ed victim. Considering this, is it at all plausible to suppose that any sane man contemplating such a _ crime would walk in full view upon the open street to the office of his victim, be in plain sight of those in the newspaper office and those in the barber shop, and then, after this exposure of his person, ascend the stairway leading to the office of Dr, Gebhardt in such a manner as would cause remark by all those in the neighborhood?” Insane or Drunk. Senator Somerville stated, after the testimony of the two brothers, that he would make the most of it, and he thought he could prove to the satis- faction of any ordinary jury that the man who ascended the stairway in such a manner was either intoxicated or insane, or planned a conspiracy to lay the blame of his crime on another. Although nine witnesses were in- troduced by the state yesterday, the evidence furnished by the two broth- ers employed in the newspaper office was the only evidence so far brought out which immediately connected Dr. Koch with the crime. All the other testimony was much in repetition of that brought out in the previous trial. | TRUSTS ARE HIT HARD. Measure Passes Michigan House. Lansing, Mich., April 26—The lower house of the Michigan legislature yes- terday passed unanimously the Bland anti-trust bill. It is said to be the most sweeping anti-trust measure ever passed in the country. It defines and declares illegal all corporations which aim at a monopoly of any busi- ness, trade, avocation or profession and nullifies any agreement binding individuals not to engage in a certain occupation. Sweeping Lower TEN BOAT LOADS OF WHEAT. Duluth Shippers Too Late for the Gates Corner in May- Chicago, April 26.---Ten cargoes of wheat from Duluth, which were shipped just prior to the Gates corner, are now on the way, and frantic ef- forts are being made by the shippers to divert them and send them to Buf- falo. The clearances of the grain had been suppressed at Duluth, notwith- standing the stringent United States fegulations regarding destination of itness Says One That Slew Fredd ing. Anoka, Minn., April 26.—-The me juror yesterday morning was secured in the trial of Orlin Kalderwit, the al- leged leader of the trio accused of the murder of Fred King in the Columbia Heights hold-up Hammond and Kolb yesterday were brought from the Hennepin county jail, together with a number of state’s witnesses. As soon as the jury had been completed A. F. Pratt, for the state, addresse! that body, outlining the case against Kal- derwit and the evidence which would be introduced during the course of the trial. The sensation oi ‘the day's pro- ceedings came when Paul Erickson, a victim of the hold-up, picked Kaléer- wit, Hammon and Kvib as the men who had done the murd2r, and swore that Kalderwit fired the shot that pierced little Fred King’s heart. BUSY SUMMER FOR BEDE. Much Work to Be Done on River and Harbor Projects. Washington, April 26.—Representa- tive J. Adam Bede is in the city for a few days attending to some business for his constituents. Mr. Bede expects to be busy a good part of the summer in connection with the work outlined by the river and harbor committee of the house, of which he is a member, examinging international improve- ment projects in different parts of the country. One of the first steps to be taken by the committee will be early in May, when a tour will be taken down the Ohio river from the head- waters to the Mississippi. It is the desire of the committee to be fully advised regarding the condition of the various dams all along the stream. Other trips into the Northwest will be taken by the committee later in the season. BULLETS FOR CAR CREW. Attempt Made to Kill Motorman in Strike Region. Calumet, Mich., April 26—An _at- tempt was made yesterday to kill the operators on one of the interurban cars on the Houghton county. street railway between here and Houghton. Several bullets were fired and one passed through the motorman’s cap and others broke the windows and lodged in the After supporting the strikers for two months members of the Calumet Business Men’s asso- ciation have decided to try to influ- ence people to ride on the cars, as business has decreased. Petitions were circulated yesterday asking the people to patronize the cars. PROMOTION FOR NELSON. Minnesota Senator May Become Chair- man’ of the Judiciary Committee. Washingten, April 26.—Concerning a successor to the late Senator Orville H. Platt of Connecticut as chairman of the judiciary committee in the Uni- ted States senate, it is regarded as quite probable that Senator Knute Nelson will be promoted to that im- portant position. There is only one senator ahead of Nelson on the com- mittee, Clark of Wyoming, but his term of service is shorter than that of Nelson, and he is not a ready de- bater. Senator Nelson is regarded here as certain to succeed Platt. FIND MISSING MAN’S BODY. Corpse Floating in Lake Clears Up Disappearance. Rhinelander, Wis., Aprit 26. — The body of William Smith, forty-five years old, single, who disappeared at Woodbore last November, was found floating in Squash lake at Woodbore yesterday. The man evidently had fallen through the ice. Smith had worked for the George E. Wood Lum- ber company for years. GAMECOCK KILLS CHILD. Lockjaw Sets in From Wounds In- flicted by Fowl. Blue Earth, Minn., April 26.—Frank Donald Dean, the four-year-old son of J. W. Dean, died here from an af- fliction that first appeared to be spotted fever, but which later was diagnosed as a case of tetanus caused by wounds inflicted by a game cock. BURNED TO DEATH. Aged Farmer Loses Life When His Dwelling Burns. Huron, S. D., April 26.—Fire early yesterday morning destroyed the house on the Newcomer farm at Lake- side, together with its contents. It was occupied by James Ogan and his aged parents. The son and mother escaped, but ‘the old gentleman was burned to death. Child Falls into Kettle. Viroqua, Wis., April 26. — At La- farge yesterday a two-year-old child of Arthur Keeber was scalded to death by falling into a kettle of boiling water. To Deport Chinamen. Ashland, Wis., April 26. — United States Marshal Pugh left Ashland last night for Seattle with two China- men, Sam Lee and Lee Gong Yak, who will be deported to Hongkong. Other Chinamen will be taken from Duluth. Winona Millionaire Dead. Winona, Minn., April 26.—V. Simp- son, a capitalist, financier and multi- millionaire, died yesterday of heart failure. He had been ill two years. He was an old resident of the city. MAN RAN TOWARD KOCH’S HOME. WOMAN 70 TELL SENSATIONAL STORY OF WHAT SHE SAW NIGHT OF MURDER. CHILDS OPENS FOR STATE PROMISES SOME NEW AND STARTLING EVIDENCE IN MURDER CASE. Mankato, Minn., April 26. — Three women who were not witnesses in the first trial of Dr. George R. Koch for the murder of Dr. Louis A. Gebhardt, will be introduced for the state in the second trial. The testimony of one of the women, Mrs. J. Dahms of New Ulm, was exploited in detail by Form- er Attorney General Childs for the state in his opening address yesterday afternoon. The last juror was sworn about 2 o'clock, and immediately thereafter Gen. Childs delivered his opening address, at the conclusion of which court adjourned for the day. Mrs. Dahms, according to the state- ment of Gen. Childs, will be intro- duced to give evidence regarding the finding of blood stains upon a gate post which is situated directly in front of her house and on the road Dr. Koch was accustomed to take in walk- ing homeward from his office, and that she Saw .a Man Running toward the Koch home the evening of the murder. Miss Lena Wiedman and Miss Catherine Waess of New Ulm will be the other women who will take the stand, but the nature of their tes- timony was not exploited by the state’s counsel in his opening remarks. Those arrayed on the side of the prosecution, however, say that their testimony will be of a startling nature and will greatly strengthen the case against the accused man. Dwell on Hammer's Identity. The state doubtless will dwell strongly upon the identification of the hammer found in Dr, Gebhardt’s office after the murder had been committed. It is declared by the state that wit nesses will identfy the hammer as one frequently seen about the office of Dr. Koch. A son of Mrs. Dahms will be introduced to testify that the hammer frequently was Seen About the Koch Home, and still another witness, it is said, will testify that Dr. Koch was seen to return to his office between 9 and 9:30 o'clock on the night of the murder, strike a light, and take from a drawer something that appeared to be the hammer in question. The latter wit- ness, according to Gen. Childs, saw the occurrence through one of the of- fice windows, and the reliability of the statement therefore is questioned by the defending attorneys. The rature of the testimony to be introduced by Miss Wiedman and Miss Kaess seems at present to be a puzzle to the defense, although it is strange indeed if Koch’s attorneys al- ready are not familiar with it, for their untiring efforts in the case have been noteworthy. Regarding the state- ment of a farmer named Grusek, who told County Attorney Wilson Saturday night that he saw the murderer of Dr. Gebhardt Escaping From the Scene of his brutal task, there was nothing said in Gen. Childs’ preliminary ad- dress. The county attorney yesterday stated that in all probability the state would not introduce Grusek. When asked why, the attorney said he did not care to discuss the reason, but he would not declare the statement unim- portant or unreliable. He refused to discuss the man’s whereabouts. The last juror sworn was Albert Hageman, a farmer who lives out a mile south of Mankato. To the great satisfaction of the de- fense, Gen. Childs did not ask that Dr. Koch be placed in custody during the trial, and it is therefore likely that he will be at liberty until a verdict is secured. STEAL MUCH SILVERWARE. Burglars Loot Col. Charles Jorgen- son’s Home. Albert Lea, Minn., April 26. — Bur- glars entered the residence of Col. Charles Jorgenson, proprietor of Hotel Albert, and stole $500 worth of silver- ware, leaving only a few plated knives and forks. They entered the rear door and left no clue to their identity. GIANT ON THE FORCE. A. M. Freeman of Sioux Falls Largest Ever Appointed in Washington. Washington, April 26.—A. M. Free- man of Sioux Falls, S. D., was yester- day sworn in as a member of the capitol police force. He is the largest man that has ever held a place cu the force. Mr. Freeman is only twenty- two years old and this is his first po- sition as policeman. He stands six feet seven inches in his stockings and weighs nearly 300 pounds. He owes tis appointment to Senator Kittridge . SAW MUREDERER OF GEBHARDT | Sensational Information Is Given to County Attorney at Mankato. Mankato, Minn., April 25. — Sensa- tional information relating to the mur- der of Dr, Louis A. Gebhardt at New Ulm was given to County Attorney S. B. Wilson of Mankato last night in the statement of a farmer living near this city who says he witnessed the flight of the murderer as he slid down the wires leading from the window in the rear of Dr. Gebhardt’s office to the ground. This man’s name is Grusek, but County Attorney Wilson, who is as- sisting Gen. Childs in the prosecution, would not disclose his full name, his whereabouts or the entire statement. Saw the Murderer. “This man says he was visiting New Ulm on the night of the murder of Dr. Gebhardt,” said County attor- ney Wilson. “He says he saw the murderer, or the man he thought to be the murderer, descending the wires in the rear of Gebhardt’s office. More than that I do not care to say, as I am not in charge of the prosecution, but only assisting in it.” Attorney Wilson was questioned closely about the strange man and his startling statement, but would give no further information, referring the questioner to Gen. Childs. , Did He Know Him? “Did the man say he recognized the man descending the wires?” was asked of Attorney Wilson. “T would not care to say as to that.” “Did he connect Dr. Koch with his statement?” “I am not in a_ position to speak about that.” ve Gen. Childs was questioned about the information, but said that he con- sidered the statement lightly and that unless County Attorney Wilson is aware of facts which he did not yet know the man would not be intro- duced as a witness. The Other Side. When the attorneys for Dr. Koch were asked if they knew of Grusek and his unexpected information they said they had no fear for their side from any such witness. “If this man made such a statement you may depend on it he will be no good to the state,” said an attorney for the defense. “Even if he did see the murderer descend the wires in the rear of the dental office of Dr. Geb- hardt at New Ulm he did not see Dr. Koch do that.” Whether this man’s evidence will be considered in court remains to be learned, but it is certain’ that even if], the state intends to bring him in tbat fact and the real nature of his testi- mony will.be kept a secret as far as possible until he is called as a wit- ness. BOY’S BONFIRE IS COSTLY. South Dakota Farmer’s Son $1,500 Fire. Sioux Falls, S. D., April 2. — Just because he wanted to hayé a big bon- fire the young son of Monroe Perry, a prominent Spink county farmer, set fire to a hay stack, and _ before the flames had been extinguished, dam- age to the amount of $1,500 had been done. The fire soon spread from the haystack to a barn and machine shed, which, with their contents, including a new threshing machine, were de- stroyed. There was no insurance on the threshing machine and only light insurance on the remainder of the property. Sets CAR RUNAWAY FATAL. Car Runs Wild for 300 Feet and Then Crashes Into Buildin: Dub 1que, Iowa, April 25. — Thomas Moore was fatally hurt and three per- sons were severely injured yesterday as a result of the rupture of a brake chain on an electric car while de- scending Hill street. The car con- tained sixteen passengers. It ran wild for 300 feet, left the track at a curve and tore the front out of a building. Moore, who was standing on the side- walk, was struck by the car. was broken and he was internally in jured, GOES UP FOR LIFE. Peter Ziolowski Pleads Guilty and Is Sentenced. Fergus Falls, Minn., April 25—Peter Ziolowski, charged with murdering his father, changed his plea from not guilty to guilty Saturday and was sen- tenced for life. The family relations were not pleasant. There was no quarrel at the time the shooting oc- curred, and the murder was com- mitted deliberately, the young man af- terward throwing the gun through the window from which the shot was fired, and then giving out the report that his father committed suicide. ROCKSLIDE WRECKS. Four May Have Been Killed at Edson Tunnel, Wyo. Cheyenne, Wyo., April 25.—A west- pound freight train on the Union Pa- cific was wrecked by a, rockslide at Edson tunnel, 125 miles west of here. The train was just emerging from the tunnel when the slide occurred and buried a portion of the train. Four men are said to have lost their lives, as follows: Engineer Nelson, Fire- man Hook, a brakeman and an un- known tramp. His hip; State News of the (3 Week Briefly Told. | RAO J. S. Ingalls of San Francisco, G. H. Moulton of Minneapolis and H. A. Rygh of Litchfield spoke at the vil- lage hall at Eden Valley and organized A co-operative store company. Michael Toby’s team was struck by an engine on a railroad crossing at Eden Prairie and he and his three chil- dren were thrown from the buggy, but received no serious injuries. Goy. Johnson has offered a reward of $500 for the capture of the murder- ers of Annie Kintop, who was assault- ed and killed near Little Falls. Sus- picion points to two negroes. The Lake Crystal board of educa- tion has elected the following teach- ers: Supexntendent, John Guise; Misses Jones, Davis, Thomas, Lewis, Mathews, Webster, Healey, Leonard, Chadwick and Haslip. Dr. C. B. Lenont of Virginia met with a terrible experience in a run- away accident. His right eye was gouged out and his face filled with gravel. It is feared that internal in- juries may prove serious. Thomas F. Daly, a farmer of the town of Newport, has brought an ac- tion fer $20,000 for alleged personal in- juries against the North American Tel- egraph company and the Chicago, Bur- lington & Quincy railway. The midnight freight train on the Northwestern ran into a flock of 100 spring lambs which had escaped from the sheep sheds of C. W. Miller, a few miles west of Wincna, Almost every lamb in the entire flock was killed. George Bresseau, convicted at Min- neapolis of passing a forged obligation and sentenced to four years’ impris- onment and to pay a fine of $100, was released from prison at Stillwater after taking the poor debtors’ oath. At a largely attended banquet of the Pelican Rapids Commercial club com- mittees were appointed to establish a park in the center of the city and at- tend to the planting of shade trees and boulevarding some of the residence streets. The body of a man was found float- ing in the Mississippi river at Blanch- ard’s rapids, about ten miles below Lit- tle Falls. There were no means of identification, the features being de- composed and battered by logs beyond recognition. Little Falls is having a great relig- ious awakening through gospel meet- ings in the Congregational, Presbyte- rian anf M. E. churches. Rev. James A. Lewis of Milaca is the evangelist. He is a typical Hoosier, and original and quaint in his manner and speech. The New Ulm city council granted a franchise to the New Ulm Rural Tel- ephone company te construct a line and operate in this city. The line will be extended into the rural districts and eventually connect with neighbor- ing towns. The Perham school board has elect- ed the following teachers: Prof. F. A. Schuetz, superintendent (re-elected); Miss Murphy of Blooming Prairie, principal; Miss Hanson of Anoka, high school; Miss Webster of St. Cloud, Miss Poppler of Altoona, Miss Peterson of Starbuck, Miss Landblom and Miss Lee of Fargo, grade teach- ers. Invitations are out to all the bank- ers in the Second congressional dis- trict to attend the third annual meet- ing of group one of the Minnesota Bankers’ association, to be held at Jackson, May 4. A good program has peen arranged, and the local bankers are making extensive preparations for entertaining the delegates. A banquet will be held. Much excitement exists along Flood- wood river, about ten miles north of Floodwood, by an armed resistance against a log drive which is being made by a crew for the Coolidge- Schussler company. Several Finns re- siding along the river put in booms to stop the logs and are guarding them with rifles. Mike Anderson and Eric Perkkio are said to have fired on the drivers. The sheriff has been notified of the disturbances. While driving from Bellingham to Madison, Rey. E. Cullom Grimshaw, D. D., pastor of the Congregational church of Winthrop, escaped what might have been a fatal accident. The bolt holding the buggy pole dropped out, letting it strike the horses. They broke into a run and threw the driver to the ground. Mr. Grimshaw was Car- ried into a plowed field, being thrown from the carriage and sustaining sev- eral injuries. The Bird Island board of education has elected the following teachers: Superintendent, G. H. Sanberg; prin- cipal, Miss Josephine Thomas of Shak- opee; assistant, Miss Grace Jenks of Minneapolis; grammar grade, Miss Elva Allen of New York; intermedi- ate, Miss Susie Huff of Minneapolis; second primary, Miss Winfred Stein- man of Heron Lake; primary, Miss Kittie Van Etten of Stewart. There will be four in the graduating class. N.| Shannon, aged 50, a watchman for the Crcokston Lumber company at St. Hilaire, was found dead in his barn at St. Hilaire, hanging from a rafter with a rope about his neck. He arose as usual, lighted the fire and assisted his wife in preparing the morning meal. Later, while the family was eating breakfast, he went to the barn to do the miiking. His wife found him dead. Thirteen children and a wife survive the dead man. 3 Mrs. Nicholas Welss died at St. Cloud, aged 55. She leaves a husband and five children.- In Minnesota. DEFECTIVE PAGE Calumet Baking Powder “NOTIN THE BAKING POWDER TRUST= It makes pure food. EYEGLASSES HER FAD. Odd Fancy Indulged in by New York Woman Collector. About the oddest fancy in which a collector has indulged is that of Mrs. Bertie Delafield, who seems to be bent on getting together all the eyeglasses in the country. She already has hun- dreds of them, with a history to al- most every pair. Many of the spec- tacles came from Maine, where the old-fashioned kinds, with extension bows and side lights, were worn lorg- er than anywhere else in the Union. They are bound in horn, pewter, lead, silver, gold, tortoise shell and even rubber—the last named dating from a period when the word had no special significance as applied to the eyes. Prominent in the collection is a pince- nez said to have been worn by Em- press Eugenie. Mrs. Delafield has also a monocle believed to have been the property of Lord Beaconsfield, and, whereas its history is not guaranteed, it is easy to believe the dashing “Diz- zy” would wear one. of those things, even when premier. The prettiest specimen is a lorgnette that belonged to Madam de Maintenon—New York Press. A Few Contingencies. “You have to take a few chances if you play the races.” “Yes,” answered young Mrs. Tor- kins, “so Charley tells me. If you pick the best horse, and he happens to be fit, and the jockey understands his business and hasn’t been tampered with, and you manage to get through the crowd and persuade the bookmak- er to take your money, and the sheet- writer remembers the number of your badge and you don’t get your pocket picked, you may come out ahead.” She Flushed the Bishop. Fascinating Divorcee — Honestly, now, bishop, if I were to come to you and ask you to marry me, you wouldn’t refuse me, would you? Bishop Highchurch (embarrassed) —Ahem! Well, Mrs. Hilife, I can hardly say on such short notice. This is so sudden, you know.—Judge. For Growing Girls. West Pembroke, Me., April 24.— Mrs. A. L, Smith, of this place, says that Dodd’s Kidney Pills are the best remedy for growing girls. Mrs. Smith emphasizes her recommendation by the following experience: “My daughter was thirteen years old last November and it is now two years since she was first taken with Crazy Spells that would last a week and would then pass off. In a month she would have the spells again. At these times she would eat very little and was very yellow; even the whites of her eyes would be yellow. “The doctors gaye us no encourage- ment, they all said they could not help her. After taking one box of Dodd’s Kidney Pills, she has not had one bad spell. Of course, we continued the treatment umil she had used in all about a dozen boxes, and we still give them to her occasionally when she is not feeling well. Dodd’s Kidney Pills are certainly the best medicine for growing girls.” Mothers should heed the advice of Mrs. Smith, for by so doing, they may save their daughters much pain and sickness and ensure a healthy, happy future for them. Lunch and Luncheon. Johnnie—Pa, what is the difference *tween a lunch and a luncheon? Pa—A lunch is what I eat about 1 o’clock every day, and costs from 25 to 50 cents. A luncheon is what your mother tenders some of her lady friends occasionally, and costs me from $100 to $500.—Dallas News. A Calculation. “Beef is expensive,” said the man with a careworn expression, “but it isn’t as expensive for me as Welsh rab- bit.” “Cheese doesn’t cost much.” “No; but every time my wife eats Welsh rabbit she dreams about a race horse and insists on my going out to the rack and playing the hunch. A Heavy Fine. Under the Elkins law, any railroad company which pays rebates in any form, or any shipper who accepts them, is liable to a fine of from $1,000 to $20,000, upon conviction. It also prohibits the carrying of freight at less than the published tariffs. The Interstate Commerce Commission is empowered to detect and prosecute violators of this statute. President Knapp of the Commission states that since this law was passed, rebate pay- ing has been as rare as forgery. His Waterloo. Job had lost his patience. “How in the world did it ever hap- pen?” gasped the multitude. “Why,” thundered Job, “they put me to the test by asking me to wait my turn in a barber shop on Saturday night!”—Columbus Dispatch. “ “Do you think she will make him a good wife?” “More likely she will make him a good husband.”—Smart Set.