Nebraska Newspapers

    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