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About The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19?? | View Entire Issue (March 6, 1908)
THE NORFOLK WEEKLY NEWS-JObKNAL ; i'KTDAY ' MARCH 6. 19US. II E JURYMEN WERE GIVEN THE CASE AT 9 O'CLOCK MONDAY NIQHT. DECISION REACHED AT 2 O'CLOCK ' PENALTY 18 FROM ONE TO TEN YEARS IMPRISONMENT. MOTION FOR NEW TRIAL MADE After * Long Dattle In the Jury Dox Twelve Men Became of One Mind and Decided That Herman Boche Waa Guilty of Manslaughter. Madison , Nob. , March 3. From a tnI correspondent : "Wo find the defendant , Herman Bocho , guilty of manslaughter. " The jury of the Bo cho murder trial returned a verdict shortly after 2 o'clock this afternoon finding Herman Hocho guilty of man slaughter In the killing of Frank Jar- mor In front of a Norfolk resort last May. The verdict carries a sentence of from one to ten years In the state penitentiary. The Jury wns out sixteen hours. Save when they went to a down town restaurant for meals anil when they took a short walk for exorcise they wore locked In the Jury room. During the morning and early after noon Judge Welch and the attorneys waited In Madison for the result of the jury's decision. During the day a dis agreement was the common predic " 1 tion. About 2 o'clock the Jury announced that they had arrived at a verdict. The twelve men were again conducted Into the court room and their names called by the clerk. IL P. Helme , a farmer living In the southwest part of the county , and counted as ono of the strong men on the jury , had been elected foreman of the Jury. Ho handed the written ver dict signed with his name to Judge Welch. The verdict was read nloud by Dis trict Clerk Fields. It was asked if It was the jury's verdict and no juror dissented. Herman Bocho heard the verdict without apparently being affected. - The usual motion for a new trial will bo made. Judge Welch will return to Madison on Monday , March 16. At that tlmo ho will pass on the formal motion for a new trial , always asked for and us ually denied. The defense has Inti mated that it will appeal the case to the supreme court for alleged error. Judge Welch on the sixteenth will pass on the appeal bond and any other details that may arise. Sentence will not bo pronounced by Judge Welch until the usual prelim inary motions have been made and acted upon. The Jury has been discharged. County Attorney Jack Koenlgsteln said that ho was well satisfied with the verdict. The court room was nearly empty when word came that the Bocho jury had agreed. The people began to Hock to the court house. Judge Welch and the attorneys will take this evening's train back to Nor folk. folk.A A peculiar feature of the Boche mur der trial was that no witnesses were called to testify that the defendant was a man of good character. During the long trial the Ives kill ing of nineteen years ago was not hinted at , nor did the trial of eighteen years ago when Bocho was acquitted of the charge of murdering Qeorgo Ives got before the Jury. To have tried to give Herman Bocho the character of a peaceful citizen would have Invited some reference to the affair of many years ago. The Bocho murder case went to the jury a little after 9 o'clock last even- Ing. When Judge Jackson finished his argument and analysis of the case Judge Welch Instructed the jury on various technical points of the law. Under the Instructions of the court the jury could return a verdict of second degree murder carrying a sentence of from ten years to life imprisonment in the penitentiary , a verdict of man slaughter carrying from one to ten years In the penitentiary or a verdict of acquittal. The Jury then retired to their Jury room and were locked In by them selves. Herman Bocho's fate was with them. Yesterday afternoon the Jury hoard Jack Koenlgsteln , county attorney , and Senator Allen , chief counsel for Her man Boche. In the evening they Us- tened to Judge Jackson. DETAILS OF THE TRIAL. Testimony Introduced , , Arguments Used , and Result. Madison , Neb. , Feb. 28. From a atlc day In the trial of Herman Iloche , charged with the murder of Frank Jarmor , the day when the defense places its bast witnesses on the stand and draws the threads of evidence al ready presented Into the story upon which the attorneys of Herman Bocho will make the final plea for his acquit tal. The testimony of the witnesses placed on the stand yesterday after noon after the state had given way to the defense was to pave the way today. Seven witnesses , Dr. A. B. Tashjean , John P. Classen , Emit Kochn , Edna Ingham , Jack Kocnlgstoln , Julius Hulff and William D. Ucckor , wore called to testify for the defense yesterday between 3:30 : p. m. when the defense started to forgo the first link in its chain of ovldenco and 6 o'clock when a reccsa waa taken until 9 this morn- Ing. Ing.By By the testimony of the county at torney himself it was established that Frank Jarmcr was virtually a bankrupt at the tlmo of the tragedy last May. It was an unusual incident In the trial when the prosecuting at torney was asked to step into the stand by the attorney for the defense to give testimony on a rather Import ant point. The most Important testimony of the afternoon was the declaration of Dr. A. B. Tashjenn of Norfolk , called to the scene of the tragedy as a phy sician , that the soil of the street In front of the resort showed that a struggle had taken placo. Struggle Took Place. Dr. Tashjean was the first witness on the regular program of the defense , though nt the time the state rested Its case J. H. Conley and William Stokes were called to the stand to Impeach the testimony of Leo Vroman. cab driver and star witness for the state. Dr. Tashjean , who has been a pract icing physician in Norfolk since 1884 , was called to care for Jariner after the shooting , arriving about 5:30 : , half an hour or so after the shooting. Dr. Tashjean was brought at once to an Investigation that he had made of the spot in the roadway where Jarmer lost his life. The sandy and easily impressible soil , Dr. Tashjean testified , showed the signs of a struggle. The doctor had made the Investigation to satisfy his own curiosity. Fresh blood easily es tablished the spot where Jarmer fell. An Irregular circular place , of a dia meter of six or seven feet , was mark ed with heavy footsteps , the condition of the ground indicating the struggle. Part of the foot prints had been oblit erated by the dragging of Jarmor's body towards the porch of the Ingham place. On the spot where Jarmer was killed , In the dirt of the road and partly covered by the dirt Dr. Tash- jean found a bunch of keys and a dime. All this was brought out by Senator Allen's examination. Dr. Tashjean's testimony was not greatly altered by a rigid examina tion by Judge Jackson for the state. Dr. Tashjean made the point that the dragging of the body had obliterated only part of the tracks and that from their size the tracks had been made by men. The soil also held the tracks of the women who went barefooted to Janner's assistance. Photographs Identified. John P. Classen , a Madison photo grapher , was called to the stand to identify the photographs which have been used extensively during the trial. He testified that he had taken the pictures last November at Senator Allen's request. The pictures includ ed exterior and interior views of the resort. Defense Not Strengthened. Emll Koehn , Norfolk saloonkeeper , was called as a man who had been In the saloon of Jarmer the night of the tragedy. His testimony as far as con cerned the immediate events of the evening and Herman Bochc's condition did not strengthen the cause of the defense. Herman Boche , Koehn testified , came into the Jarmer saloon about 10:30 : p. m. Ten or fifteen men wore In the saloon and about five or six wore there when the saloon closed and Jarmer and Bocho walked down Nor folk avenue together. Herman Boche treated the crowd and it cost him ninety cents. Boche had Jarmer take a drink on the dlnio left. There was no quarrel between the men that Koehn could see. Koehn testified that he belonged to both the Sons of Herman and the Eagles , fraternal organizations. Jar mer , he said , was a charter member of the Sons of Herman and Bocho had boon in for about two years. Boche belonged to the Eagles while Jarmer belonged but was In arrears. "Now isn't it true that a cardinal doctrine of these organizations is brotherly love and mutual aid ? " In quired Senator Allen , Boche's attor ney. ney."Ves "Ves , sir. " "And the members take an obliga tion ? " "Yes. " "You never know any cause for ill feeling between Jarmer and Boche ? " "No. " "Were t-hey on what you would call a chummy order ? " "Yes , sometimes. " Koehn testified that Jarmer was goIng - Ing to sell out to him at one tlmo but that they could not agree. Jarmer , ho understood was In a rented build ing and he thought that Jack Koenlg- * ' - ufi M * . . rvnmi r n. * lie flvturoa. Jarmer had applied for a license for 1807-S. Fraternal Obligations , Judge Jackson of Ncllgh , assisting the prosecuting attorney , took up the cross examination of Koehn. "Is it true , " ho asked , "that a member of ono of these orders Is under obliga tion to render financial assistance to another member just because lie Is a member ? " "Not under obligations. " "Not In either order ? " "I guess you can't make them do it. " "If a member of the order Is In business do other members have to trade with him ? " "They have their own free will. " "Yes. Now wns Bocho intoxicated that evening when you saw him ? " "I didn't think so. " "Waa Bocho Intoxicated when ho left the saloon ? " "I didn't think so. " Koohn also testified that ho didn't think tliat Bocho staggered when ho wont down the street with Jarmer. The cross examination further de veloped from Koehn's testimony that Boche in treating the crowd had come over to Koehn and asked htm to drink , Koehn making the plea that ho had just had something. Bocho Insist ed , saying that ho had plenty of money and to prove it drew out a small purse. Kochn said ho told Boche that he must have $100 , but the latter said ho did not have that much. "Now you don't know that ho had no other money ? " said Senator Allen , taking up the examination again. "No , I don't , " the witness said. "Did Boche ever show you any money before ? " "No. " "And couldn't Boche have como In to the saloon before 10:30 : ? Might ho not have come In at 10 ? " "I don't ' think so. It was after the council meeting. " "Now wasn't It a rather unusual thing for Herman to bo up town In a saloon at that hour ? " "No , I don't ' know that It was so unusual for him. " Edna Ingham was called on the stand as the next witness for the de fense. She was asked to Identify the photographs of her place , which she did. One photograph In particular showed a chair placed out In the road to represent the spot where the shootIng - Ing occured. Some of the pictures were ruled out as Immaterial , the other photographs being examined by the Jury. County Attorney on Stand. Senator Allen then asked Jack Koenlgsteln , county attorney to step Into the witness chair. After the us ual preliminary questions he testified that at the time of Jarmer's death he held a loan on the furniture in the Jarmcr saloon for about $178. This was secured by a mortgage. "After closing out the estate and satisfying this mortgage how did the creditors fare ? " Inquired the senator. "Seventeen per cent of their claims were paid. " "What would you say was the finan cial condition of Jarmer on May 1 ? " "Well , his unsecured creditors got seventeen per cent. " "And some creditors filed no claims at all ? " "Yes , sir. " Jarmer's City License. Julius Hulff , city clerk of Norfolk was called and examined by Burt Mapes , attorney for the defense. He brought Jarmer's old license papers , his 1907 application and the city re cords to Madison. Last year's license tangle was found to have a possible bearing on the case. In 1906 through error the city clerk had drawn up the saloon licenses of the city to expire April 30 , 1907 , In stead of the end of the municipal year , May C. At the time there was some talk of the old council holding an em ergency meeting and issuing licenses for the coming year before the arrival of the new municipal year with Its new administration. The defense sought to learn whether or not Jarmer supposed the license matter would come up before May 6 , and was , as a result doubly anxious to get his license money ready without delay but the city clerk could not give definite testimony. Pig Pen Information. William D. Ueckeu , night watchman In Norfolk at the time of the shooting , was called not in his former official capacity but because as a resident of East Norfolk he was supposed to be familiar with the vicinity just east of the river. He was examined close ly by Senator Allen on East Norfolk geography. Uecker's principal testimony was a dissertation on the pig pens south of the resort and on the route that Ueck- er thought Boche would naturaly take In getting home. Uecker testified that a pig pen eighteen feet square was on Joe Trulock's property south of the resorts on May 1 , but that it was later removed. He was question ed about it in especial detail. Uecker was vigorously cross-exam ined by Judge Jackson , who too sought pig pen information. It Is claimed that Bocho spent the morning and after noon of the tragedy In a nearby pig pen , unconscious. Uecker left the stand at 6 p. m. , when court took a recess until this morning at 9. When court was called this morning the defense turned its guns on the character of Frank Jarmer , the man Bocho killed. Up to a late hour this morning they had not been able to get their essential questions answered. The court sustained the objections of the state that this testimony was not material to the case. County Attorney Jack Koenlgstoln was called to the stand when court mot. As a member of the firm of Barnhart & Koenlgstoln ho had been nn nttnrimv fnr Orar.R folo. ! one of the witnesses , who sought a divorce and whom the defense has sought to con nect with Leo Vroumn , cabman. The defense tnado an effort to get the dl- vorco proceedings and petition before the jury but the court ruled out all questions and the county attorney was not required to answer. The defense then called W. H. Field , clerk of the district court to the stand and succeeded in getting before the jury the court docket , showing that Judge Welch had taken Grace Colo's petition for a divorce under advise ment. Emll Klclphorn , just moving from six miles north of Stanton to Hoskins , was asked to step Into the witness stand by the defense. "Did you know Frank Jarmcr ? " "Yes. " "Did you know of an instance in Frank Jarmer's saloon where Jarmcr took a pocketbook from a man's pock et ? " The prosecuting attorneys objected to this question , holding that it was immaterial. Judge Welch ruled In their favor and the question was not answered. The state asked what relation the witness was to Herman Bocho but the question was ruled out on the grounds that no ovldenco had been glvon. Gus Wagner living southeast of Nor folk , was called to the stand. Ho had known Boche since 1871. Ho know Jarmer. "Do you remember drinking beer In Jarmer's saloon a year or so ago ? " the defense asked. "Yes. " The witness had bought a glass of beer. Jarmer treated him to a second glass. The witness asked Jarmer to put some salt In the beer. Ho saw him put It In. "Will you tell what happened ? " The witness was not permitted to answer. "Were you taken sick after drink ing the second glass ? " This was also held Immaterial. Broder Kettleson of Nellgh , formerly of Humphrey , was called. Bowder Kettleson of Nellgh went on the stand. Ho said he had been In the Jarmer saloon. He went In with $147 in money and got drunk. "How much money did you have when you went home that night ? " The ques tion was objected to as Immaterial and the objection was sustained. The wit ness was excused. Lawrence Bowers was called. He Is fifty-seven years old , lives In Boyd county and formerly lived In Norfolk. Ho Is a laborer. He had seen Jarmer a few times. "Did you ever visit Jar mer's saloon ? " "Yes. " "Did you drink some there ? " "Yes. " "What did you drink ? " "Whiskey. " "Do you know whether you became sick in that saloon after drinking the whiskey ? " This question was object ed to as Immaterial and the objection sustained. There was no cross exam ination. Frank Lehman an Old Playmate. Frank Lehman , aged forty-one , liv ing southeast of Norfolk , was called. He and Herman Bocho were boys to gether. There Is seven years differ ence in their ages. Lehman knew the location of the resort where Bocho shot Jarmer. "If a man were going from these places to the Boche farm what direc tion would he naturally take ? " "He would go straight across the country. " "Would ho go on the east side of the Northfork river ? " Wouldn't Have To Come to Town. "Yes. " "By way of the William Boche farm ? " "Yes. The William Boche farm and Herman's farm are sepa rated by the Elkhorn river. William Boche had a boat , also the witness , in which to cross. " Witness had seen Herman Boche the last day of April. "Did you see him in the Jarmer saloon ? ' * "Yes. " "At what hour ? " "Between 5 and 6 in the afternoon. " Witness said ho accompanied Her man Boche as far as the Junction en- route home from the Jarmer saloon. "Did you have a conversation with Boche on the way home ? " "Yes. " Refer to Saloon License Money. "Now , Mr. Lehman , you may state to the jury if Mr. Boche told you he was going home to get money to pay Jarmer's saloon license. " The question was objected to as immaterial and the objection sus tained. Herman Very Sick as a Boy. "Do you remember that Herman , when about fourteen years old , was afflicted with a severe sickness ? " "Yes. " "Did this sickness last some time ? " "Yes. " "Can you tell the jury how long ? " "About ten weeks. " Did it Affect Herman's Mind ? "Can you say whether there was any difference in the mental condition of Herman Boche before and after that sickness ? " "Yes. He was not as bright afterwards. " "Havo you noticed that condition from that time on ? " "Yes. I have. " "How often have you seen Herman since that time ? " "I can't Just say. " Says Herman Heard and Saw Things. "Do you know of his having heard things when there was nothing to hear ? " "Yes. " "And seen things when there was nothing to see ? " "Yes. " But This Was While He Was Sick. Judge Jackson cross-examined the witness. "This defect of hearing and selng things was when ho was sick , wasn't it ? " "Yes. " "Has he been troubled this way since ho got well ? " "Not that I know of. " Gus Wagner was recalled. "You say you have known Herman Bocho since 1871 ? " "Yes. " "Herman Bocho's father belonged to the Braasch settlement ? " "Yes. " "Do you remember Herman being sick OB a boy ? " "Yes , I remember something of It. " "Did you notice any dlfferenco in Herman before and after his sick ness ? " "Yes. " "What did you call the trouble that aflllctod Herman ? " Called " . " Wagner Herman "Daffy. "Oh , I call It daffy. " "In what way did you notice a dif ference In Herman after this ? " "Ho wns simple minded and shunned by his companions. Ho talked to him self. " "What else did you notice ? " "Ho was easily led by his companions ho would do what other boys wouldn't do. " "Do you know what his ailment was at the tlmo ho was sick ? " "I don't know only what his father said. " This , ns hearsay , was ruled out. "You say you knew Jarmor ? " "Yes. " "Did you have occasion to know the strength of Jarmor ? " "Yes. " "You may state if you witnessed the strength of Jarmer. " "Yes. " Says Jarmer Was Powerful Man. "From observation what would you say as to Jarmcr being a powerful man ? " "I should say ho was very powerful. " Judge Jackson cross-examined the witness. Wagner lived In Norfolk un til 1890 , helping his father In the hotel. "When was Bocho sick ? " "Shortly after I went there. " Wagner used to hunt on the Boche farm and sometimes stopped at the Boche house. He only remembered once when Herman was with him. "How many times a year did you go to the Bocho place and associate as a playmate with Herman ? " "Three or four. " "For how many years ? " "Seven or eight. " "The only reason you say Bocho was daffy Is because he talked to him self ? " "I guess that's about all. " "During these years had he trans acted his own business ? " "I don't know. " "Did you ever transact any business with him ? " "NO. " "You say Herman could be induced to do things others would no do ? " "Yes. " "What did ho over do that others would not do ? " "He acted different ly. " Here there was a long cross-exam ination. "Queer Entered Gambling Houses. " Wagner said Boche was different because they could induce him to go into gambling rooms. When the boys In Norfolk saw him coming they said , "Here comes Herman ; let's have fun with him. " "Did you ever see him play for money ? " "No. " Witness , Himself , Had Gambled. The witness admitted that he , him self , had also gone into the gamblng rooms and that at times he had gam bled. Freythaler Effective Witness. John Freythaler was probably the most effective witness the defense has had on the stand. He testified this afternoon that he was In the Jarmer saloon the evening before the murder. Boche was there and was drunk ; Jar mer was sober. Mr. Freythaler said he heard Jarmer ask Boche several times to go with him to a resort , but Boche refused and wanted to go home. Jarmer told Freythaler that night that his year's saloon license expired that day and that he would get money the next day with which to renew. Boche's Only Sister Testifies. Boche's only sister testified this af ternoon. She is Mrs. Max Mansko of Wakefleld. Her testimony was given In German and with the aid of an in terpreter. She said that Herman had always been afraid to go places alone after his youthful sickness. Mrs. Manske was much affected when the name of her brother , William Boche , who was drowned In the Elkhorn - horn last week , was mentioned. Rebuttal , Then Arguments. A short recess was taken after John Freythaler's testimony. The biggest crowd during the trial was in the courtroom this afternoon. Dr. Mackay on Stand. Dr. Mackay was on the stand for nearly two hours this afternoon. He testified that he was superintendent of the Norfolk hospital for insane for two years , and having so much to do with Insane people led him to investi gate the matter and post himself on the ailment. "You know Herman Boche ? " "Over twenty years. " "You knew Frank Jarmer ? " "Over ten years. " "Did you ever treat Boche as his physician ? " "I prescribed for him on several oc casions. " "From your knowledge of the man and from the result of your examina tion which you made to prescribe for him , what would you call his condi tion ? " "Instability of nerve structure. " "In ordinary language , what as re gards his general condition of mind ? " "Well , Instability of the nerve sys tem. " "Would you call it unbalanced ? " "Well , when a thing is unstable it Is unbalanced. " The doctor was called upon to de fine hallucinations and delusions. "Did ho ever have hallucinations ? " "I don't think ho had what you would call hallucinations. " "What was the trouble with his mind ? " "Different conversations led me to believe that he was affected as I have said. " "Did you ever prescribe to quiet his nerves ? " "Yes , Bocho would como up and say 'I am all unstrung. ' " "You may describe Jarmer. " "Jarmer was over six feet , rawboned - boned , broad-shouldered , heavy-boned , heavy-muscled , no fat a rugged man , bow lugged and mlddlo ngud. " ( Laugh ter. ) "Did you know Jarmer's disposition to engage In quarrels ? " "Ho was argumuntlvo , opinionated , and easily drawn Into dispute. " "Did you over see him In a physical dispute ? " Thla question was objected to and the objection sustained. "Were you In Jarmer's saloon nt about the tlmo of the shooting. Did Jarmer say to get money out of a man If ho could get knock-out drops. " "Yes. " "How long before the shooting was this ? " "Very close to the tlmo of the shootIng - Ing , though I did not take him serious ly or make much note of it. " Attorney Jackson for the state asked permission to cxamlno the wit ness briefly. "Wns this the inquiry from JarmorT "To the best of my mind Lo took mo aside. " "Did you give him any information as to the kind of drops that would meet his needs ? " Senator Allen took up the examina tion. "Repeat the conversation between you and Jarmcr on this occasion. " "Tho conversation was in Gorman. " "Repeat it. " Dr. Mackay repeated in Gorman what Jarmer said. Allen asked him to interpret It. Dr. Mackay did not llko to interpret for a dead man. Then ho interpreted Jarmer's remarks in English. "That fellow has money. I can get It. You get mo some drops. " "Who was the man referred to ? " "Herman Boche. " "Did ho toll you how much money Herman had ? " "No. " "You did not toll him what ho need ed , or glvo him any drops ? " "No. " "Though he was In the saloon ? " "Yes. " "What tlmo in the day was that ? " "Some time in the afternoon. " "What did you do after that conver sation ? " "I passed it off as a Joke. I said , 'Man , you arc crazy , you arc drunk. ' " Judge Jackson took up the cross ex amination of Dr. Mackay. "By instability of nervous system , you mean that lids nerves were differ ent sometimes than at other times ? " "It varied. " "He came to you when ho needed treatment for it ? " "Yes. " "How many times ? " "Several times. " "Did you over see Bocho when ho was not capable of transacting ordi nary business ? " "I think I have. " "And any other tlmo than when ho was drunk ? " "I recall ono Incident. " Judge Jackson examined Dr. Mackay closely as to when and at what date he had disclosed the incident of the knock-out drops. Dr. Mackay said that ho had not taken the matter seriously , but has probably mentioned It to a number of people In discussing the relations be tween the two men at the time when Norfolk people were gossipping about the tragedy and the papers were filled with it. He said that he had never talked to attorneys Tyler and Mapes about it , or to Senator Allen until to day. Today Senator Allen asked him about the story , saying that ho had known of it for some months. Dr. Mackay testified that ho refused to tell Senator Allen about the story , saying that he did not want to go on the witness stand with it. Senator Allen asked Dr. Mackay to repeat the conversation , but the attor neys for the state conceded that no Improper suggestion had been made. Judge Jackson examined Dr. Mackay again , developing that the witness thought that Jarmer had a bar tender the day he asked about the knock-out drops. This was done to place the date of the conversation If possible. Question by Senator Allen : "You said you saw Bocho once when he was not drunk but was Incapable of transacting ordinary business ? " "Yes. " "State his condition. " "He was badly excited. " "Why was ho not capable of trans acting business ? " "Extreme condition of excitability. " The witness was excused and Harry Lodor called to the stand. Harry Lodor testified that he went to the Boche farm once and Herman declared he could walk across the slough. Ho was prevented from doIng - Ing it , by the others. Madison , Neb. , Feb. 29. From a staff correspondent : Herman Boche's testimony In his own murder trial was &et down on the informal program of the defense for yesterday afternoon but when the proper time came for Boche to step Into the witness stand the afternoon was so far advanced that the clock on the court room wall swung past the 5 o'clock hour. Boche's story went over till this morning. It was the judgement of the defense that Herman Boche , nat urally under a terrible strain , should have a night's rest to refresh him for the ordeal of the witness stand there to come under the fire of the prosecuting attorneys. The court was asked to adjourn until 9 o'clock this morning. When the final recess was taken yes terday the way had been pretty well prepared for the story of the man who shot Frank Jarmer last May. Ills wife , his only sister and his son had tcbtifled. They followed n long list of witnesses called under the directIon - Ion of Senator Allen , with M D Tyler and Hurt Mapes , attorney In court for the defendant. Bocho's life through these witnesses had been traced out from hln child hood. Through theno men and wonum who testified during the last two days the di'fonso linn nought to provo that r Herman Hocho after n stole spoil In 4 hl boyhood was not bright , was In the language of 0110 witness rather "daffy , " that at four Intervals In the experience of his wlfo ho had prolong ed Hielln | when liu suffered hallucina tions , that ono of these spells was on him hmt May , that Jarmor was In need of $7f > 0 on April 30 to pay his saloon license , that Hocho went to Norfolk with the money , carrying a re volver to protect the funds , that ho became drunk In the Jnrmer saloon , that Jarmcr coaxed him to the resort , that there was no quarrel between the men but that there wan ovldenco of n struggle in the road way where the tragedy occurred. Other Important points are touched but that was the main outline. Aside from the testimony of Herman Bocho's wlfo and son the defense yes- tordny Introduced two new lines of evidence , ono to show that Herman' ' Bocho was a simple minded man , at times "daffy" and a victim of halluci nations , Uio other an attack on the character of Frank Jarmcr , the man Herman Bocho shot. This Inst line of testimony wns blocked by the Btato's attorneys Interposing legal ob jections to Its Introduction. The witnesses who testified late yes terday afternoon , following the testi mony of Mrs. Max Henschko of Wake- Held , the sister , and who cleared the way for Herman IJocho today were Martin Buettner , Walter Hoche , Carl Sorg and Mrs. William Boche. Their testimony wns offered after the court had taken a recess about 4 o'clock. Martin Buettner , sixty-eight yearn old and a Madison county pioneer , testified as to the sickness of the hey , Herman , thirty odd years ago. Ho Bald that young Herman said that ho was shaking all over and that every bone In his body was aching. Mr. Buettner was not cross-examined. The Son a Good Witness. Walter Boche , the twenty-one year old son of the defendant , was a good witness for the defense. He answered quickly and did not become confused. He Is a tall youth , moulded some thing on the lines of his father but with a quicker brain. It was with Walter Hocho's revolv er that Herman Boche shot Jarmer. The witness testified that ho had bought the revolver from Sears & Roebuck some two months before the tragedy. "Did your father ever carry that revolver prior to the shooting ? " Walt er Bocho was asked by Senator Allen. "Ho never carried It. " "Did you have a Sears & Roebuck catalogue ? " "Yelp , got three of them now. " "Where was your father the day be fore Jarmer wns killed ? " "He was up town and I wns with him. " The witness then testified that he had been up town In the afternoon with his father , coming home about G p. in. , and that his father went up town again In the evening. Through an open door he had seen Herman Boche , his father , counting out "a big bunch" of paper money on an old trunk. He put this money Into n leather pocket book. Herman Boche- dld not get homo that night and the next morning they heard of the shoot ing. Judge Jackson took up the cross examination. "Did your father know where that revolver was ? " "Everybody knew. " "Was that night the first night he had ever carried that revolver ? " "Yes. " "You are sure he never carried It ? " "You bet. " "How do you know ? " "Because I know. " "Well , how do you know ? " "Because he never carried It. " "Which way did you and your father come home from town ? " "The same way wo went. " II- "Well , by what places ? " "Oh , you don't know the people , anyhow. " The young man was not Impertinent but Judge Jackson had to take another tack to get his Information. The ques tions touching the revolver were Im portant as relating to Boche's motive for the night trip to Norfolk. Young Boche WHS sent through a detailed examination on the scene that he swore he saw through the open door between the room where ho was tfl eating supper and the room where Herman Boche was counting his money. Carl Sorg , forty-one years old , living eight miles northeast of Madison , had known Boche since 1890. Ho and Boche had married sisters. About three years ago he first notic ed something peculiar about Boche's mental condition. He went over to Herman's place one afternoon , when , according to his testimony , Herman did not know him but "shyed off" from him. Sorg become acquainted with Jar- mer when he ( Sorg ) was yard master at the sugar factory and Jarmer was delivering beets. Ho testified that Jarmer was a big strong man and that ho was quarrelsome. At 4:10 : o'clock Mrs. Herman Bochu rose from the chair by her husband's side and stepped Into the witness chair. It was virtually the first time she had left Boche. Herman Bocho followed his wife's testimony as ho followed that of no other witness. Ho leaned forward , his head In ono hand , looking now nt the floor , now at his wife. wife.Mrs Mrs William Bocho fold her story through the aid of nn Interpreter When It was announced that Mrs Bocho muni testify In German the court was asked to name an Interpre ter. From the crowd Rev. H F