Ill' , FOUR HOURS FOR EACH SIDE GIVEN TODAY. CASE GOES TO JURY TONIGHT Both Sides In the Hans Case Have Rested and the Arguments are Be- .Ing Made Today Fate of Detective Rests With Twelve Men Now. Alnsworth , Neb. , May 13. Special to The News : Doth aides In the Hans trial hixvo rested and the court recon vened this morning at 8 o'clock , after having rested all night , to hear the final arguments in the case. Each sldo has been given four hours for pious today and the arguments arc now being set forth. It Is believed the case will go to the jury tonight. Recitations of the tragic Incidents connected with the killing of David Luce were enacted at the Thursday af ternoon session of court , when Fred Hans , the slayer of Luce , Illustrated the scenes of the tragedy. Taking the saino revolver with which ho killed Luce , Hans drew a diagram of Luce's house In the saw dust on the court room lloor ; then showed the Jury how his victim foil against the door and rolled to the lloor , the door used being the ono taken from the murdered man's house. It had gaping holes through it , made by bullets from Hans' gun , which had plowed their way through Luco first. The largo court room of Brown county was Inadequate to accommo date the throng that assembled to hear Hans testify. A continual battle occurred between the attorneys , and the excitement was at fever heat. Hans Tells His Story. vThe examination of Hans was con ducted by Judge F. G. Hamer of Kearney , the gist of which follows : "I have a wife and eight children. I was employed as a government scout by Generals Crook and Sheridan. Then I went with the Blkhorn railroad as a special agent. I came to Brown county because of rumors that a band of train robbers was lurking in the vicinity , Intending to hold up a train at Johnstown bridge. "I never hoard of Luce until my ar rival hero four days before the murder. Sheriff Curry asked mo to arrest Luce for killing Zack Foster's horse. The sheriff told mo Luco was a dangerous man and I had better bo careful. The sheriff was afraid to serve the papers on Luce because Luce told the sheriff once when the officer went to Luce's house to replevin a horse that he would be killed If he over came after him again. again."I "I Then Shot Him. " "Curry promised to go with me , but ho backed out and I came near not going. I met Duquette , who went with me , as did Hill. I left them in a bug gy , three-quarters of a mile from the house , and I went on horseback to arrest Luce. "After reading the warrant to Luce he said ho would go as soon as he changed his clothes. Ho sent one of the boys after Mrs. Losey to stay with his children. Ho sent the other children , except the 4-year-old baby , out of doors and began dressing. "He went Into the south room , where he acted nervous and excited. Finally he went to the north room for the pur pose of getting his coat. He reached behind his coat , picked up a'gun and started toward me. "I was ten feet from him and start ed to run toward him. I threw up my hand and Luce's gun struck me on the wrist. I then shot him. He bent over and attempted to raise the gun again , and I yelled : 'Drop it ! Drop it. ' "He didn't drop the gun and I shot again. He staggered a few seconds , fell against the door and dropped to the lloor with his gun between his feet and the bed. "A little child In the room grabbed mo around the legs and said : 'Oh , Is my papa dead ? ' Had to Kill Him. "I said : 'I am afraid so. " "I took the child In ray arms and felt its tears trickling down my cheek. I could not help weeping. " "Why did you kill Luce , asked Hamer. "I had to , " replied Hans. Hans denied that he bargained with Foster or anyone else to kill Luce. Cross-examined by Harrington for the prosecution , Hans' testimony was torn to pieces. It was different from that given at the first trial. Harrington brought out the fact that both bullets passed through Luce's heart , close to each other. One was straight and the other slanted down ward. Harrington attempted to prove that the shots were flred In quick suc cession , the second while Luce was falling. Hans acknowledged that he told an Omaha newspaper man that he heard m that Luco was at the head of a train robbers' band and that was what brought him here. Jurors Cross-Examine. In direct testimony , Hans claimed ho heard of Luce only four days be fore the tragedy. Hans admitted giving Duquette ? 35 three weeks after the tragedy , but claimed it was a loan. Ho acknowl edged writing a letter to Sellers here , tolling him that Duquette had been paid and Inquired after Duquette's re volver. The cross-examination was dramat ic to a high degree. For a time the jurors took the cross- examination from the attorneys and clustered In a bunch around Hans , so greatly were the members excltod. Court did not adjourn until 7 o'clock. Many prominent members of the Ne braska bar from all over the state were spectators. ORCHESTRUEC1TAL Musical Organization of High School Makes a Hit. < The Norfolk high school orchestra made a decided hit last night with Its first public recital given In the high school room to a bouso full of enthu siastic admirers and music lovers , and the program from beginning to end received the glad hand of thu au dience. Numerous encores were re sponded to and the program was con siderably lengthened thereby. The members of the orchestra have shown substantial Improvement In their mu sical work and If they continue togeth er they are certain to rank high among the musical organizations of the state. The violin aolo by Hay Estabrook , the readings by Miss Hoxlo Sturgeon and Sam Ersklnc , the piano solos by Miss Shaw and Miss Lois Gibson , and the vocal aolo by Miss Henderson were all Important parts of the pro gram and gave splendid satisfaction , particularly to the members of the orchestra whom they assisted In giv ing a delightful musical evening to the audience. The following Is the program : "Lyric Overture , " orchestra. Violin solo , "Meditation , " Hay Esta- brook. "In Days to Be , " Cornet Obligate orchestra. Reading , "As the Moon 'Rose , " Miss Hoxlo Sturgeon , Piano solo , Miss Ruth Shaw. Two-stop , "Susle-oosle-oo , " orches tra. Piano solo , Miss Lois Gibson. Heading , "Mr. Hay's Memory Sys tem , " Sam Ersklno. Schottlsche , "Strolling In the Moon light , " orchestra. Vocal solo , Miss Henderson. Selection , Campaign Melodies , or- chestr.a Wanted by manufacturing corpora tion , energetic honest man to manage branch office. Salary $125.00 monthly and commission , minimum investment of $500 In stock of company required. Secretary , Box 401 , Madison , Wls. FLOOD AT FREMONT REACHED HIGH MARK THIS MORNING. FAMILIES ARE DRIVEN OUT South of the Railroad Tracks All of Fremont is Under Water 100 Bridge Spans Over the Platte Have Been Taken Out by the Water. Fremont , Neb. , May 15. Special to The News : The flood in the Platte river here reached Its height this morning. All of Fremont south of the pailroad tracks Is Inundated. Six fam ilies have been driven from their homes and 100 temporary bridge spans are out. The water was stationary at 9 o'clock this morning. WANTED By manufacturing cor poration , energetic , honest man to manage branch office. Salary $185.00 monthly and commission minimum In vestment of $500 in stock of company required. Secretary , Box 401 , Madi son , Wfs. RAINBOW AT MIDNIGHT. Phenomenon of the Weather Shown Last Night. People of Norfolk who were up at 11 o'clock last night and turned their glances toward the east were reward ed with the novel sight of a bright rainbow spanning the sky at that hour. The thunder and rainstorm had just passed and the moon , nearlngthe first quarter , came out bright and clear , casting the varl-colored reflec tion on the clouds that had assembled In the east. Such a display is of such rare occurrence that It Is entitled to be numbered among the phenomena of nature. For Lovers of Music. The Norfolk High School orchestra will give an entertainment in the high school room tomorrow night , begin ning at 8 o'clock. The members of the orchestra will be assisted by a reader , pianist and vocalist , and the entertainment promises to be first class In every respect. Members of the orchestra have worked hard to perfect their organization and have cheerfully paid their own expenses , but they propose to give the public a chance to assist them through patron izing this entertainment and a small admission fee will be charged. It Is proposed that the program shall merit the patronage and those who appre ciate music cannot afford to miss it. Cheap Lands. A first class elghty-acro tract of Im proved land , splendid location , good soil , all lays level and nice , only five miles from Norfolk , Neb. Price right. G. R. Seller. Norfolk , Neb. Try our New York buckwheat flour. Feed store , Pacific block. LONG.TEDIOUSTRIAL OF DENfTsT COMES TO AN END. ASA P. BROOKS IS SCOURGED General Chllds , Attorney for the State , Severely Criticises the Testimony of the Only Eye Witness to the Mur der of Drk Gebhardt. Mankato , Minn. , May 13. The fate of Dr. ( ieorgo R. Koch Is In the hands of a 'Jury. The case wont to the twelve men today and the verdict Is nwnltod with Intense Interest. General Chllds In his argument to the jury to decldo whether or not Dr. Koch killed Dr. Goblmrdt , made ti bit ter attack on Asa P. Brooks , whom the state refused to call as a witness be cause , us General Chllds said , at that time , It believed him to bo "cutlroly untrustworthy" General Chllds severely criticised Mr. Brooks' actions on the night of the murder , when ho looked over the transom and snsv the assassin at his work , and of what the speaker de scribed as Brooks' "self-contradicting testimony" on various occasions slnco that time. Gen. Chtlds said , among other things : "Is Brooks a simpleton , a feeler or a knave ? It ho know what wan transpiring and looked through the transom so calmly , his offending against humanity Is unbearable. If ho atood there two seconds calmly ho ought to bo Indicted as an accessory. "Ho loved Gebhnrdt ; ho hoard bin cries , the shullllng of feet , ho saw the eyes ho will never forgot. Ho BOOH blood on the Hleovo of the prostrate man , sees the working of the arms of the murderer , looks Into his eyes and ho stands there mute and speech less and quietly gets down. Where Brooks Failed. "For who was Dr. Gebhardt ? He was Urooks * friend , and when Brooks looked over that transom and saw bonding over a prostrate body a man whom ho know was not his friend and whose eyes were so terrible that as he hlmsoFf said , 'they riveted his ga/.e , " the first glance must have satis fied him , as It must have satisfied any man , that an extraordinary scone was nelng enacted before his eyes. "As silent as the sphinx on the banks on the Nile , ho stands there mute and speechless , and then quietly gets down and descends the stairs and crosses the stroet. Wouldn't he , If In possession of his faculties , have cried out , 'Dr. Goblmrdt , what Is the mat ter ? ' "But no , ho got down after view ing that scene with a feeling , as ho said , that ho was trespassing. He had tried the doors. They were locked. He said tlioj. he got up on the banisters to attract attention. He attracted the attention of the murder er , who looked up In the midst of his feast of blood with eyes which riveted - od his. Then he quietly got down and went downstairs. And he swears , too , upon cross-examination , that the ex pression he saw on that man's face was the expression of a dog when ' 'he Is caught doing something he ought not to do. And he gets down with a sense of shame thinks It Is a dental operation. Not Entitled to Credence. "I wonder If that Is true ? I won der If Asa P. Brooks got down with any Idea In his mind as to who ho saw bending over the body of Dr. Gebhardt ? I wonder , If In his soul he said , 'I know who ho Is ; It Is a broth er-in-law of my friend Somsen , a son of E. G. Koch , a member of a promi nent family ? ' He goes upon the wit ness stand and says it was not George H. Koch , but shortly after the murder he was In doubt. General Chllds then took up the tes timony of many witnesses as to what Brooks had said previous to the first trial about his uncertainty as to the Identity of the murderer and declared that the Jury should not give the slightest weight to any of his tCRtl- mony , save only to his original statement - mont , made when the Impression of the face of that murderer was still fresh on his mind , that It resembled George R. Koch. General Chllds spoke for an hour yesterday afternoon and for three hours and a half this morning. After a recess of but one hour he closed his speech In thirty minutes. In his sum mary he declared that the Jury might go all over the world and It could gnd but ono man to whom the facts and circumstances In this case could ap ply , and that man was Dr. George R. Koch , the defendant. The Fatal Blow. It was so with hto case of the man who killed Dr. Gebhardt. This man took for his weapon the hammer because - cause It would make no sound. He know Dr. Gebhardt well , and knew that ho himself would be above sus picion. Ho would engage Gebhardt In conversation , and then stezo the op portunity to strike the fatal blow. Dr. Gebhardt stopped his work , brought a chair for his visitor and perhaps re ceived the blow as ho was bringing the chair In. There was to bo no noise , no blood. The murderer could put his hammer In his pocket and go quietly home , because ho was above suspicion. It was to bo a quiet mur der. But the first blow did not ac complish the purpose. Dr. Gebhardt was of splendid physical build. Ho turned on the assassin and a struggle ensued , and blow followed blow. The murderer strikes and Gebhardt reels against the wall , as the blood stain shows , staggers and fulls to the lloor. It watt now no nolsoloss murder , Hhrloka rout the air Before the InMt thrust of the knlfo stops are hoard and now tlioro must bo no mlHtnku. Gobhardt must bo lioyoiul any doubt. The murderer Is slozud with cotiHtortmtlou. Ho cannot escape by the door , that way Is cut off. The reception room In dark. Ho takes his handkorchlot out of his pni'kot and wipes the hammer , slimy with blood , for hu may have to line It , ami lays thorn down for a moment. Ho rushes through to the screen and gees out. foot first. Ills hand also drip with the blood of his Hklnuod knuckles. The hammer ami the hand- liorchlof leave no room for dOubt In any candid mind. , St. Paul. Minn. , May 15. Early this morning the Jury In the Koch CIVHO was still out. Disagreement 'was ' ox- pooled. The jutlgo has Instructed the jury to bring In a verdict olthor of ac quittal or murder In the first dogreo. Gobhardt's Memorandum Book. Now that the trial has ended , It IH notable that ono feature which the defense imulo much into about HOIUQ IImo ago never saw the light of day. That IB Dr. Gobhardt'H memorandum book. The defense oallod loudly for that , saying It might Indicate who killed the dontlst. Perhaps among the appointments Jotted down thoroln would appear the name of the man who wont Into the ollloo that night and slow Goblmrdt ; or perhaps Homo ono whoso name was down for Nov. I , IflOl , had hoard Dr. Oobhnrdt say whom ho expected to call upon him that fateful ovoiilng. Tills hook was In possession of Al- hort Pfacnder , nttornoy for the ox- editors of the Goblmrdt estate. In that position ho could not glvo over to anyone , least of all to the men repre senting the man aroused of the mur der , any property of the estate without an onlor of Iho court. Because Mr. I'faondcr was associated with counsel for the state , the defense Inforontlally charged that ho was secreting ovt- ilonco that might vindicate the do- fondant. All Mr. Pfaondor was wait ing for was an order of the court , but It docs not appear that counsel for the defense ever asked for It. Besmeared With Blood. The hook will always ho to the relatives of Dr. Gobhardt a sad re minder of his terrible end. It Is be spattered with his blood , and there upon the pages , In Dr. Gobhardt's handwriting , Is evidence that ho did not know of his approaching death appointments with several persons for dental work extending as far Into the future which he never saw as Novem ber 5. Between the rod lines whlrh mark off the day of the tragedy , November 1 , are the names of three persons for whom Dr. Gebhardt did his last work. The names are written In an Indis tinct hand , as though hurriedly. They are ns follows : "Miss oPtko , 3 p. m. ; Mrs. with Mr. Halo , flrllO ; Miss Harvester , 10:30" : The appointments whlrh Dr. Gob lmrdt did not keep arc noted as fol lows : "Wednesday. Nov. 2 naltrnsh boy , 1:30 : ; Miss Hog. , 1:30 : ; Stain. , 1:30. : "Thursday. Nov. I ! . Miss H. ; Miss Weddoudorf. "Friday , Nov. 4 Miss Macho. Saturday , Nov. 5 Miss H. Krnnz. " Nocturnal Visit to Koch's. Some members of the town council ofi New Ulm who came to Mankato Thursday Intending to testify as to what they saw or did not see on the Koch hill the provlous evening , have related the story of their nnrtiinml ad ventures which they couldn't tell In court. It appears that the council had dis cussed the testimony of Professor Fischer and certain New Ulm citizens who accompanied him to the Koch premises one moonless , starless night not long since. They-decided to make a little test on their own hook of the conditions In the cowyard where Dr. Koch saw the rabbit. One of the councllmen telephoned to the Koch home and asked if there would be any objection to the mayor and his council going up and looking around. The voice at the other end , | believed to be that of William Fenske , brother-in-law of Dr. Koch , said he had been instructed not to lot anyone on the premises. But Mayor Sllverson and the councllmen thought they would go up anyhow and see If they could HOC what the Wisconsin professor ser said he saw. Warned to Keep Off. "We got up In Hermann park , " said ono of the councllmen , "and thought , we were progressing nicely when a j voice from out of the darkness warned us not to step on the Koch property. We are the lawmakers for our city , you know , and decided that wo should bo law abiding , so we retreated to the Hermann monument and went Into committee of the whole. "Someone proposed that wo approach preach as nearly as a reasonable Inter- prctatlon of the law would allow to the cowyard where Dr. Koch saw the rabbit and make our tests there. But an unfortunate accident Interferred. Mayor Sllverson , by some strange mis chance , lost his cap. We had gone on before , and were startled by his cry. cry."A "A part of the committee on street lighting and a part of the clmmlttco on paving followed the sound of his honor's summons. In a hoarse volco Mr. Sllverson explained his loss. To gether the mayor and the detached parts of the two committees prowled around after the cap. There were the lights of the city In the valley below , of course , but that cap could bo seen nowhere. SECOND TRIAL OF DENTIST RE SULTS IN FAILURE. TO BE TRIED AGAIN IN JUNE After Being Out For Many Hours , the Jury In the Cnse of Dr. George R , Koch Has Failed to Find a Verdict. Many Urge Dropping Case. Mnnkato. Minn , May Ifi. After beIng Ing out for many hours , the jury In Iho CIIHO of Dr. George H. Koch , ohargod with the murder of bin fol low dentist , Dr. Louis A. Gohhnrdt , has disagreed , and failed to return a vordlct. Dr. Louis A. Oobhardt , a young don tlst of Now Ulm , was moat viciously murdered In hln ofllco on Iho night of November 1. Ills slay or wont Into the ollloo , a light oiiHiiod In whlrh Gob hardt ulrugKlod for his life , and knlfo blades were sent Into his heart and rhookH. The only eye wltnoHH to the rrlmo was Ami P. Brooks , a local nowHpupor man , who testified I hut whllo ho did not know who the murderer doror wan , ho was punitive It was not George H. Koeh. In Iho room of Iho murdered man wnH found a handkerchief hearing the Initials of G. H. 1C. and other hllH of rlrouniHtautlal evidence were said to point lo him. Gray Cap Never Found. "Mr. SllvorHon uald that nlnco It wan a light gray cap , and not so dark an the rabbit Dr. Koch saw Jimt over the fence In the cowyard , It must bo nn easy manner lo find It. But contin ued failure prompted the mayor to Hiininion the others of the party. Wo all scrutinized the ground for yardii around. The moon came out from behind - hind a cloud as though to aid us In our search. But no use. Wo never found that gray cap. " MEN ON JURY IN AIN8WORTH MURDER CASE FREE HIM. ENDS CASE OF LONG STANDING Hans Killed D. O. Luse , a Cattle Man In Brown County It Was Claimed He Was Paid to Murder Luse He Claimed Self Defense. Alnsworth , Neb. , May 15. Special lo The News : The verdict In the Fred M. Hans murder case Is "not guilty. " The Jury returned this ver dict last night and has boon dis charged. Hans walked out of the courtroom a free man. This ends a case of long slandlng In the Nebraska courts. Hans was atone ono time sentenced to spend the rest of his life behind penitentiary bars , but now he Is free. Ho was tried for the killing of David O. Luso , a ranchman near hero , sev eral years ago. Hans was a detec tive. He killed Luse , but It was whllo serving a warrant. The prosecution contended that he was paid to kill L'lse , by ( ho cattle rustlers. Hans claimed self defense. JUDGE EMBRACED HANS. Dramatic Scene In Court Is Graphical ly Described. Alnswortb , Neb. . May 15. Special to Tbo News : When the court convened voned on Sunday to benr tbe verdict In the Hans caHO , tbe courthouse was crowded. Judge Westovor asked the Jury If they bad agreed on a vordlct. The foreman Bald they bad. Then the sllc-nce became HO great that one could have heard a pin drop. The Judge ordered the clerk to read the verdict. At once the courthouse was In up roar to see which should be first to shake the band of Fred M. Hans In congratulating him upon bis release from this long strain upon hisnerves. . AH the Jurymen shook hands with him and the Judge embraced him. Hans went home and raised the American tlag 4x10 feet over his door and the jury went to his home to salute the Hag. So ended a long and tedious Im prisonment of a man whom an Impar tial Jury has declared to be Innocent and whose life was at stake. Rural Route No. 3. Frank Haase transacted business In Norfolk Friday. Miss Ella Huebner spent Saturday and Sunday with her sister Martha at Norfolk. Fred Lehman was a Norfolk visitor on Friday. The dancing party held at Fred Brnasch's Wednesday evening of last week was well attended. August Huebner made an overland trip to Pierce Friday. Mr. and Mrs. Otto Huebner went to Norfolk on Saturday. George Lotto has returned from Lin coln where ho attended school. Mr. and Mrs. Haasch were looking after legal business In Norfolk on Fri day last. "I can't get a girl , " cries the de- ppalrlnc housekeeper. A want ad 1 Tko News cot a the girl , restores BUB- shin * In her soul , cheerfulness In her MOM * nad bapplaeas IK her husband ai children. News want ada Are great stuff. If used. You will never Taste Better Bread than that which any woman CUM nuke with Yeast Foam The Wonderful Yeast HIM took tl HI. KiM | > ltl < m. Yf * t Foam I neil lij lliro- turn * t &o A | i i'k < - niiiif It for 40 lcl Tcl. Hnil'l | ii UI r nl for our now llliiitr t l Ixxik doo.l . llrviili How to MitUi It. * NORTHWESTERN YEAST CO , CHICAGO , ILL. FARM LOANS lowest Rill ! W , J , GOW & BRO , | NORFOLK , NEBRASKA. Monty 09 Hinl FARM LOANS She Has Cured Thousands DR. CALDWELL OF CHICAGO Practicing Alcopalhy , Homo opaUiy. Elect ric and Gen eral Medicine. Will , by request , visit profeslotially NOHFOLK NEBRASKA. OXNAHD HOTEL. Tlll'IlSDAV , JUNE 1. ONIO DAY ONLY. returning every foiir weeks. Consult her while tli * opportunity la at hand. DR. CALDWELL. limits her practice to the special treatment of ( lineages of the eye , eur , nose , throat , lungs , female diseases , diseases of children and all chronic , nervous and surgical disease * of a curable nature. Early consump tion , bronchitis , bronchial catarrh , chronic catarrh , headache , constipa tion , stomach and bowel trouble * , rheumatism , neuralgia , sciatica , kidney diseases , UrlKht'a disease , diseases f the liver anil bladder , dlzilnesa , ner- voii.ine.sH , Indigestion , obeilty. Inter rupted nutrition , alow growth In child * ren , and all wasting ; diseases In adult * , deformation , club feat , curvature of the spine , diseases of the brain , par alysis , heart disease , dropsy , swelling of the limbs , stricture , open ior * < i , pain In the bones , granular enlarge ments and all long standing disease * properly treated BUori n d Ski. OUrniM. Pimples , blotches , eruptions , liver spots , falling of the hair , bad com plexion , eczema , throat ulcers , boa * pains , bladder troubles , weak bock , burning urine , passing urine too often. The effects of constitutional alokne * * er the taking of too much Injurious medicine receives searching treatment , prompt relief and a cure for life. Diseases of women. Irregular mens truation , falling of the womb , bearing own pains , female displacements , lack nf sexual tone I.eucorrhea , sterility or b.irreness. consult Dr Caldwell and the will show them the cause of their trouble and the wuy to become cured. t'nnrtTK , fiiiltcr. I'lululu , IMIe * , nd enlarged glnnds treated with the xulicutununiis injection method , abso lutely without pain and without the loss of a drop of blood. Is one of her own discoveries und Is really the moat sclentltlc method of this advanced age. Dr Caldwell tins practiced her profes sion In Home ot th- largest hospitals throughout ' mtry She has no superior In the treutum an I diagnosing of diseases deformities , etc. She has lately opened an oltlne In Omaha , Ne braska , where she will spend a portion tion of each week treating her many patients. No Incurable cases accepted for treatment. Consultation , examina tion and advice , one dollar to those Interested. DU. OKA. CALDWELL & CO- Chicago. n > Addrets all nail to BW Bulldlr Omaha , Neb.