Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19?? | View Entire Issue (March 6, 1908)
THE MORFOLK WEEKLY NEWS-JOURNAL : FRIDAY , MARCH 9 1908. ItonRlck , pastor of a Madison church WIIH called to translate the ixttornoy'fl fiirfltlc | > nH Into ( Icrinnii and the answers Into Kngllith. Wife Tells of "Spells. " Mrn. Hochu was brought nt once to the mental condition of her husband , n subject on which tnoro than ono witness Imd boon called during tlio < lny. lny.Mrs. Mrs. Dooho told the jury thnt fllio Imd been nmrrlod twenty-two yearn , tlutt before the marriage or courtship nh ( ! had never notlcod anything cur ious about her htiBband but thnt after her marriage nho found out thnt nt t linen ho wna not right , thnt In these times ho WIIH nhvnyn nfrnld of peoplo. All this was told by the wlfo In re sponse to queries from Senntor Allen. Hernmn Iloelie , oho toHtincd , nt tlmeu heard people speaking In his hend. Once when he was going to Norfolk with her ho turned back after passing the Iflkhorn bridge , saying that too many people were talking Micro when there were no people around to talk. She told him that It was not RO but he would not bellevo her and turned the team around and went bnclc to the fnrni. These spoils , Blio wild , did not come close toother. One day ho WIIH In Norfolk and would not drive homo hccnusu ho Imagined thnt there were too many people at the Junction and thnt they would do him hnnn. Ho would not go homo un til his father Joined them. This spell Inated four weeks. Mrs. Doclie said her husband had Imd n "spell" nbotit n week before Inst Mny. She knew It was a spell because Docho talked so much and kept run ning around the outside of the house. He talked to himself and spoke of his troubles. "Of what troubles did ho speak ? " nskcd Senator Allen. "I think ho had promised Frank Jnrmor the money and did not tell mo because ho did not think that I would allow It. " Mrs. Docho's answer was struck from the records as stating a supposition and not a fact. Mrs. Bocho could not Identify the revolver with which Jnrmer was killed. Mrs. Bocho then testified that she and Herman 1iad nearly $800 , mostly paper money , put nwny In little shot sacks before the shooting. After word was received of the shooting she went to look for the money nt once and found It missing. It had boon pretty close to $800 and It was gone. The boys had money In the bank but slie and Herman never put their money there. They hnd spent a year or so In getting the money , It representing the sale of n team of horses , cattle , wood , hogs nnd the like. She hnd counted the money a few dnys before the shooting. "How long , Mrs. Iloche , did you know Herman Docho before you mar ried him ? " nsked Judge Jackson taking up the cross examination. "Over half a year. " "How much did you see of him ? " "Not BO very much. " "You noticed nothing about him be ing afraid before you married him ? " "No. " "How long afterwards ? " "I soon found , out thnt. " "Within n year ? " "Yes. " "How long before the next spell ? " "I think seven or eight years. " "How long did It last ? " "Pretty nearly the whole winter. " "How long before the next spell ? " "It Is now three years ago. " "Was thnt the last one ? " I' "No , there was one last spring' . " < < "Four spells altogether from the tlmo you married him up to last Mny ? " "Yes. " She testified that Herman was ap parently all right and able to trans act his own business when he did not have the "spells. " "Did Herman have any money when he came buck homo ? " "I know of nothing. I don't think 0. " Mrs. nocho was questioned on the pocketbook her husband carried. The stnto drew from Mrs. Docho a statement - ment thnt the Doches hnd sold noth ing In the days between the time she counted their money and the day when Herman was supposed to have taken the funds to town. She was then ex cused. The case of the defense was now icndy for Herman Doche to take the stand but his attorneys decided to secure for him a night's rest. The defense failed yesterday mornIng - Ing to get the testimony of the first witnesses called before the Jury. But after the testimony of Broder Kettle- son had been barred late In the mornIng - Ing they had no great difficulty In get ting most of what they wanted before the Jury. Acts Out the Death Struggle. There were three Intensely dramatic moments during Bocho's testimony this morning , when ho three different times acted out the death struggle In which he says he shot and killed Frank Jarmer. From the wild expression on his face while ho acted out this struggle three separate times at the bidding ol the attorneys , some In the court room feared that Bocho would lose control of his nerves and go to pieces. Leaning forward from the witness chnlr , Bocho placed both knees on the lloor and ono hand and then , pointing out to the jury that ono man was be hind him and ono In front , the wltnesf showed how ho had reached for his revolver and shot the man In front ol him. him.His recollection of the struggle which ho claimed took place , was more or less hazy and unclear. "When I come to mo 1 was by i pen and It was night. I felt for mj money nnd It was gone. It was dark. ' Ho testified he then went away woke up In a hog pen near night walked home. Dogs barked , his wlff came out and said "Thoy'ro going to got you. " Two men came out , Bocho ran , four or Ilvo shots were tired at him. Five days later his son told him that Jarmer wax dead. This was the first ho know ho had killed Jarmer. Bays They Robbed Him , Bocho snld thnt when he woke up In the hog pen ho hnd no money left. "Toll the Jury If all your money waa lost that night nnd how. " "They dug In my pockets and choked me. " "When you came to did you hnvo any money ? Any IOOHO money ? " "No , It watt nil gono. " Five Days In the Woods. Bocho said he went south down the creek to the Ulkhorn. William Do- cho'H boat was locked nnd ho used Frank Lehman's. When he reached his own hoinu ho saw his wlfo nnd two men como out. His wlfo spoke to him and then the two men began shooting. "And what did you say ? " "I ran. What else could I do with two men shooting ? " Ho saw nobody for live days. Then It was his son Herman whom ho saw at Carl Sorg's place , who told him of the Jnrmor killing , told him of the place and the murder charge against him. Says Jarmer Robbed Him Before. Docho said that ho and Jarmer quar reled about a year before the shoot ing. They had been to a church meet ing nnd wont to the Jarmer saloon afterward. Bocho said he wanted to go homo but Jarmer Insisted on his remaining. Bocho claims to have had $40 at that time. "Let's take another drink , " ho quotes Jarmor. "After that drink I wont to sleep right away and didn't wako up till 4 o'clock the next afternoon. My money was gono. I had had $40 In money and a check Jarmer had given mo for money ho wanted. Both were gono. Ho said I had spent It , but I hadn't. " Bocho's son , Walter , was called to the stand to corroborate this story. Ho said his father ono day In 190G came to town to a church meeting. Ho was gene all night long. Next day Whiter came to town , got the marshal , found his father asleep drunk on Jar- mor's saloon floor. They aroused Do- clio nnd took him away. The marshal had placed Bocho's team In a livery barn before Walter reached town. Carl Rolcho , a prominent farmer and n relative , was called to corrobo rate this story. He testified that dur ing August 190G he and Boche and Jarmor and one other man sat In Jar- mer's saloon till the lights went out ono night. Uelche and Bocho wanted to go , but Jarmer Insisted on their staying , pushing them back In their chairs. At 4 o'clock In the morning Relche left the place for his home. Jarmer kept Boche there on the pre text that Ito wanted to tell him some thing. Concerning That Night. To Herman Boche as soon as he mounted the stand were put the usual preliminary questions. Then Senator Allen entered on the story of April 30 , 1907. "How long did you know Frank Jar mor ? " he asked. "About fifteen years. " "Were you both members of the Sons of Herman last April ? " "Yes. " "Were you both members of the Eagles ? " "Yes , wo were both Eagles. " "What relation did you bear to each other ? " "Wo were friends. " i "Were you at Jarmer's place the last day of April ? " "About 3 o'clock. " "Who was with you ? " "My son , Walter. " "How long did you stay ? " "Until about 5 o'clock. " Herman Bocho then testified that Jarmer two weeks before had told him that ho needed money to pay his sa loon license. Ho said that that after noon ho went home and got the money nnd brought It in that night He re turned home that afternoon with his son , Walter Boche , nnd part way with Frank Lehman. When he got home ho ate supper , then got his money and counted It "Where did you get the money ? " "In the place where wo hang clothes. I don't know what you call It. " "In the closet ? " "Yes. " What did you do with the money ? " "I counted It and put $700 Into ono pocketbook nnd loft a little at home In another pocketbook. " "Did you take a revolver with you that night ? " "Yes , I had so much money. " "How did you go to Norfolk ? " "Through the timber. " On reaching Norfolk Bocho said that he first visited the Beverldgo saloon and drank some whiskey. Then went over to the Jarmer saloon. "Who did you see there ? " "There was some people there. I don't know who. " "Who was running the saloon ? " "Jarmer. " Herman Boche swore that Jarmer asked him to drink but that he ( Jar mor ) said nothing about money. "What did you say to Jarmer ? " "I said you can have the money If you give mo good security. " "What was said to you by Jarmer about money ? " "He didn't say any thing , then. " "Did you say anything ? " "I said 1 had It , I guess. " "In what part of the saloon did you tell him that ? " "When we went out behind. " "Do you remember seeing any othei person there ? " "Yes , I saw John Freythaler. " "How many drinks did you take that night ? " "Oh , I think aboul eight. " "What kind ? " "Whiskey. " "Who drank with you ? " "I don'l know. " "Do you remember going out thai night ? " "A little of It. " "Tell what yon know " Started For Restaurant. "I remember when I went out Jar mer led mo by the arm through tut back door. That Is all I know. " "Where did ho take you ? " "Wo went to n restaurant. " " " "I don't know. " "What rofltaurant ? . "What took place ? " "Frank said , let's have something to eat. " leaving the restaurant room a mo ment. Docho mild when ho returned he started to drink a cup of coffee and It was HO bad ho couldn't. "What happened then ? " "Frank said , 'Como on , let's go over. ' I don't know what ho meant. " "What happened next ? " "I remem ber ho throwcd me In a hack. " "What happened then ? " "I got dla- zy. " "When did you como to next nnd where ? " And then ho told of remem bering two men on top of htm nnd shooting. Here he noted out the strug gle that he claimed took place. "Now Hornmn , did you over go over to these houses before ? " "Yes , I went there to sell fish and ducks. " On cross examination Docho said ho had put his money In his pocket $7GO In ono pocketbook , $80 In another. "When you took It out to count It , you hnd $840 ? " "Yes. " "You had all this money at homo before you started ? " "Yes. " Boche Helped His Own Case. Docho left the stand at a little be fore noon. It was generally conceded that ho hnd made a good witness nnd that ho had supplied testimony to fill In a number of missing links of the chain of circumstances which the defense - fenso has been trying to establish. Ho had good control over himself , though ho was nervous. His testi mony was that of the densely Ignor ant man. Questions were put to him slowly. The flue points of moaning In the English language bothered him somewhat. Ho scorned to bo search ing his brain for remnants of the trag edy of that May day. Docho's attorneys wore very much relieved at the showing made by him on the stand. Nobody know what ho would do or what ho would testify be fore he went on the stand this mornIng - Ing and his attorneys were apparantly nervous when ho began testifying. Bocho said ho did not recall having been In the Ingham place the night of the tragedy. Fred Boche on Stand. Before Herman Doche himself step ped to the stand Fred Boche , the big Madison county giant , was examined. He testified that on the seventh or eighth of May .1. H. Conlcy came to tils camp to see Herman Bocho , that lie was there an hour and a half. Fred Boche said that ho went to the home of Herman Boche with Conley and Herman and that ho saw Herman give onley his revolver. "Did Herman say , 'Here Is the re volver I shot Jarmer with ? No. " On cross-examination Fred Boche swore that Herman was at his tent about an hour and a half nnd that he came to the tent from the house. Fred Boche Is a cousin to Herman Boche. Walter Bocho , the son , was recalled and questioned about the pocketbooks that Herman Boche , his father , used. William Uecher was recalled anft told more about the pig pen. Mrs. Herman Boche was called and said she did not know where Boche was be tween the time he left home and the next night when the dog barked. The state then rested. Rebuttal Begins. Dr. P. H. Salter was called In rebut tal. He testified he reached the scene of tragedy a few minutes before Dr. Tashjoan. After caring for Jarmor he and Dr. Tashjean examined the place in the roadway where the shooting had occurred. The dust was an Inch and a half thick and spotted with blood. Many footprints were In the dust. Apparently eight or ten people had been walking around , some bare footed. How the Ground Looked. "What did the condition of the ground look like ? " "Like there had been many people looking at the place , just as wo were doing. " He found a bunch of keys and fif teen cents In the dust. "But Dr. Tashjean testified that he picked up the keys and handed them to you , " said Senator Allen. "I dis tinctly remember picking them up my self. " Hero there was a wrangle over Dr. Tashjean's testimony but It was so far buried In the heap of notes that Senator Allen withdrew his question. John Hermann of Norfolk was called. He had entered the Jarmer saloon on the evening of April 30 and stayed until the saloon closed. He talked to Doche. "Boche Proposed Restaurant Trip. " He did not remember all that Bocho said , but ho did. recall that Boche nsked him to go over to the restaurant. Did Not Leave by Back Door. When the saloon closed , ho said , ho nnd Jnrmer nnd Doclio and others left the place together. Mr. Herman tes tified thnt ho bolted the back door with nn ice pick. Hero Senator Allen got very tech nical and Interposed many objections , getting them Into the record. Emll Koehn was called. On the morning of May 1 he , with County At torney Koenlgsteln and Mrs. Jarmor , went to the Jarmer saloon. Ho was asked If they visited the back door , but an objection to the question was sustained. LAST TESTIMONY SATURDAY. Court Adjourned Until Monday After noon. Madison , Neb. , March 2. From a staff correspondent : The latt witness in the Bocho murder trial left the wit ness stand a little after 4 o'clock Sat urday afternoon. After a short con ference with the attorneys District Judge Welch announced a recess until 1 o'clock this afternoon when the argu ments of the lawyers begin Save for the arguments and the sumlng up of the case by the attorneys the story of the May day shooting had been re told for the last tlmo. The twelve men who are under oath to deal out justice to Herman Boche , If In their judgment ho Is guilty of the charges of the state , spent a quiet Sunday In the county seat town. Madi son Is n quiet town on a Sunday and with the general exodus of lawyers , witnesses and Norfolk spectators Saturday night the town lost the bus tle of court week. The jurymen were not restricted to the court house Sunday but took var ious little excursions for cxcrclso and recreation , being nlwnys under the supervision of the two bnlllffs. Save that they could walk about nnd converse - verso with themselves the twelve men hnvo been shut oft from the world for n week. With outsiders their con versation Is restricted while an ab solute embargo exists ngnlnst news paper reading. The cnao that has been before them all week they are not allowed to discuss. What verdict will these men return ? Which of the several possible views will they take of the killing of Frank Jarmor ? It Is doubtful If outside of the twelve men In the jury box there has been among the hundreds who have crowd ed the court room another dozen men who have heard the story of the wit nesses with unprejudiced cars. The people in tno court room have listened Intently nnd quietly to the words of the witnesses and while there has been scarcely the slightest dem onstrations of tholr sentiment , that sentiment Is undeniably against Bocho and on a popular ballot would have sustained the cause of the county at torney. The sentiment of Madison people against Docho Is Bald to data tmck to his attack on Sheriff Clements last summer , when ho tried to ram a pitchfork through the anantomy of that officer out In the little cemetery by the court house. But the men of the jurybox arc not supposed to bo prejudiced , arc suppos ed to know nothing of the attack of Sheriff Clements or of the killing of George Ives nineteen years ago or nought of the case save what they liave been told by the score or so of men and witnesses summoned to the stand. The jury Is composed largely of men of Scandinavian stock and Is said by those acquainted with some of the Jurymen to be a jury of good caliber. Two localities in the south west part of the county are represent ed on the jury , Kalamazoo precinct and the vicinity of Newman Grove. Those who have watched the jury closely have scon In Its membership at least two men who are apt to have considerable Influence with their fel low jurors. The aftermath of this trial hangs on the decision of these men. If they vote acquittal the case drops for a man's life can never be put in Jeo pardy twice for the same offense. If the twelve men agree on a verdict of "guilty" nnd it can be for first or second degree murder or for man slaughter , the defense has recourse to the higher courts. A disagreement of the jury would bring a second trial. It Is believed by men who have followed the case carefully that a dis agreement of the Jury may quite likely be the outcome of the present trial. The "man on the street" In Madison says that the verdict will be for "man slaughter. " No testimony was Introduced that the killing of Jarmer was predemltat- ed. Nor was the actual killing of Jarmer by Bocho disputed by the de fense. The defense has sought to pict ure to the jury Boche trapped by the designing Jarmer , Boche drunk and possibly drugged , Boche being robbed of his money and shooting blindly atone ono of his assailents In an effort to protect his money. There were only two men to touch on those few brief moments before the shooting. Her man Boche on the stand swore that he could recall out of his dizzy recol lection a struggle and someone dig ging at his pockets. Lee Vroman , cabman and chief witness for the state , swore that the attack on Jar mer was unprovoked , that Jarmer had done nothing beyond trying to get Bocho to enter the cab. Vroman. told a well connected story. As the chief witness against Bocho he was brought under heavy fire , the defense attempting to connect him with Jar mer. mer.Tho The defendent himself was the most Important witness called by the de fense and his testimony the most dra matic. Jarmer's Back Door. To get before the Jury Emll Koehn's testimony as to the condition of the back door of the Jarmer saloon on the morning of May 1 , 1907 , the attorneys of the state were forced to engage In a sharp legal battle. When Koehn was first called on the stand on rebut tal ho was not permitted to testify on this point and the state had to pave the way by two other witnesses to got his testimony in. Emll Koehn was one of the nine wit nesses whom County Attorney Jack Koenlgsteln called In rebuttal. He was preceded by Dr. Salter , John Herr mann , and followed by County Attop ney Koenlgsteln , Willam Stokes , Harry Loder , Edna Ingham , P. F. Bell and Joe Trulock. Senator Allen ob jected to most of the testimony In troduced by the state In rebuttal and he had the record filled with a mass of objections. To get Koehn's testimony In Jack Koenlgsteln took the witness stand. Ho testified that ho received the keys to the Jnrmer saloon from Dr. Salter who had found the keys when called to render medical nssistanco to the dying mnn Ho knew of no other keys nnd on May 1 entered the saloon eon with Emll Koelm and Mrs. Jar mor. Ho found the back door bolted with nn Ice pick. Ir Suitor was recalled to testify to the fact that ho had made no URO of the keys until ho gave them to the county attorney. Dr. Salter had tak en a seat at Senator Allen's side after giving his testimony n little earlier In the afternoon. This load to a brush between the Norfolk physician and Docho's consul In which the doctor did not como out second best. Dr. Salter and Senator Allen Clash. As Dr. Salter seated himself In the witness chair Senator Allen objected to his testifying because the doctor had not compiled with the court rule requiring witnesses to bo out of the trial room when other evidence was being taken. Dr. Salter had been talkIng - Ing to the senator and Judge Welch nsked the Madison attorney If ho hadn't given Dr. Snlter permission to remain. "I said ho could stay If ho wouldn't do any damage , " said the senator. Dr. Snlter gave his testimony. "Didn't you stay In the court room by Senator Allen's permission ? " In quired Judge Jackson. v "Yes. " "Now didn't I sny that you could stay If you weren't nn open enemy and wouldn't do any damage ? " Inter jected the senator. "Yes , " agreed the doctor. "Arc you an open enemy ? " asked Judge Jackson. "No , " said Dr. Saltor. Then ho added rather vigorously , "I only came hero to tell the truth. " "I don't see how you doctors dis agree , " observed the senator. Judge Jnckson took exception to this last remark. Got Point Before Jury. Emll Koehn was now recalled and the state got his testimony before the jury to the effect that ho had entered the Jnrmer saloon on the morning of May 1 with the county attorney and Mrs. Jarmer and had found the back door bolted from the Inside. Senator Allen : "Mr. Koohn , who has been talking with you since you testified before In this trial ? " "People In general. " "Don't fence. Has Mr. Koenlg steln ? " "Oh , we concede that. " this from Judge Jnckson. "You didn't pretend to know about the condition of that door before ? " "I was not asked thnt question. " "Now , Mr. Koehn , since talking with Mr. Koenigsteln you have rec ollected a good many things ? " "I don't think I have. " William Stokes was called. The witness oculdn't recall that Dr. Mac kay hnd ever told him thnt Jarmer had said that ho could got money from Docho If ho had "knock-out drops. " Harry Lodor was called. He could not remember that Dr. Mhckay had over told him about the "drops" In connection with Frank Jarmer. Edna Ingham , mistress of the resort , was recalled by the state. Miss Ingham testified that there was a crowd about Jarmer from the time they found him In the road until the doctors arrived and that after Jarmer's death the body was loft alone In a room until Mr. Bell of Ses sions & Dell arrived. She testified that two physicians and the house girls were present when Jarmer died. P. F. Bell of Norfolk , the undertaker who took charge of Jarmer's body , testified that he found the following articles in Jarmer'a pockets : a gold watch , a wallet with $4.15 In silver , $ G In paper money , one check for $1 making $14.15 In all , a knife two memorandum books and a pen. Joe Trulock of Norfolk , was the last witness examined In the big murder trial. He testified that there had been a hog pen on his place on May 1 and that he thought hogs were in It but that he was not sure. "If I had hoga In the pen that day , " said Trulock , "I certainly would have fed them. " With Mr. Trulock's testimony the state rested Its case. After a confer ence between Attorneys Mapes , Tyler and Allen and a talk between Herman Boche and Senator Allen , the defense announced that It too had completed Its case. Judge Welch took up the matter of the arguments of the attorneys. Plenty of Time For Arguments , Senator Allen stated that he wanted to have sufficient time to go thorough ly through the case. "Wo want to leave nothing unsaid or undone that should bo said or done , " said the sen ator. Senator Allen thought that the defense would like to have three or four hours for their argument to the Jury. Judge Jackson said that ho thought that the state would not need as much tlmo as Senator Allen seemed to think that the defense required. He did not want the arguments that evening. Judge Welch then announced a re cess until 1 o'clock this afternoon. Judge Jackson drove at once to Nor folk to catch the Deadwood passenger to Nellgh. County Attorney Jack Koenigsteln , Attorneys M. D. Tyler nnd Burt Mapes and other Norfolk people ple nt Madison went homo on the Saturday night passenger. Judge Welch spent Sunday In Wayne com ing bnclc to Madison by way of Nor folk this morning. Before the lawyers began their ar guments , Judge Welch instructed that murder in the first degree could be eliminated from their speeches , that all reference to murder in the first degree would be ruled out of his In structions. County Attorney's Argument. Jack Koenlgsleln spoke slowly and with a display of earnestness. "I filed the information and I prosecuted In this case as county attorney. I have known Herman Bocho for many years and wo have been frlendb. In the evidence vso have offirtd wo have proven thnt on the 30tu day of April Herman Bocho went to the saloon of Frank Jarmer The testimony Is uu Tell Them You Know ! c You may tell yo < * * friends * on out "say-so , " that when they bty a package of the genuine Abtcfcles' Aiosa Coffee they ; et the test of the coffee No coffee of equal quality can be sold in this town for the same price , whether it be sold out of a bag or a bin , or under some romantic trade-mark. You may tell them you know and that Arbuckle Brothers , the greatest coffee dealers in the world , will stand for itl . . JUtBUOKLlfl imoa. Now York City. disputed thnt they had been the best of friends. "Whore did Herman Bociio pass his llmo in Norfolk thnt day ? Ho pnssed It where ho was In the habit of spend ing his time In Norfolk. "John Herman and Emll Koehn told you that when Frank Jarmer and Her man Bocho loft Jarmer's saloon they went by the front door , Jarmer boltIng - Ing the back door from the Inside. John Froythaler alone testified that Bocho and Jnrmer went around the back way. Herman Bocho tolls you that ho took eight drinks thnt night In Lho saloon. Ho tells you that ho left the saloon by the back door. Ho know that. From that tlmo ho know practically nothing until ho felt some one on his back. It seems strange that ho should remember only these points points contradicted by the witnesses for the state. "Herman Bocho complains of the taste of the coffee served In the res taurant , but he admits that he was drunk at the time. "At the resort Herman Bocho drank ind bought beer throughout the even ing , ire know what was going on then , but ho told you he knew nothing from the tlmo ho loft the restaurant until he remembers drawing his gun. "When Bocho was led from that re sort ho was naturally In a stupor , he was revived by the fresh air. Frank got Herman Into the hack , then what does the uncontradictcd testimony show ? That Herman got out of that liack and was able to walk away. "There was no trouble of any kind no quarrel between the parties. Frank Jarmor and Herman Boche , both full of beer , were able to walk around and argue as to their mode of conveyance home. "If as Boche testified he backed away from Jarmer , why didn't he get somewhere ? The evidence shows that Jarmer staggered back from the push of Herman Boche , back farther and perhaps because he was drunk. Then without warning , Boche began to shoot. "There was no acrobatic feat of Lee Vroman in mounting his hack with his eyes always on Boche. He was a man used to a cab and a cab Is as easy to mount as a chair. ( Here the county attorney drew a chair In front of the jury box and illustrated how Vroman mounted the cab without turnIng - Ing his eyes away from Boche. ) " 'Herman , Herman , don't Herman , don't ! ' was Frank Jarmer's cry. Did Herman quit ? No. He knew enough to get his gun. He knew he had shot a man. Did he stop ? Answer , no. He moved over to Jarmer and pumped two more shots Into Jarmer's body. "Herman Bocho tells you that ho remembers nothing from the tlmo he loft the restaurant until the next night , save for that brief moment when he remembers being robbed. "I nslc you If any man digging Into a man's pocket to rob would leave a gun there ? They claim that Frank Jarmor robbed Bocho the year before. Then why did Boche go right back to Jarmer's saloon ? If Jarmer had robbed him before he would have been suspicious and the truth Is Herman did not think that Frank would rob him , If he kept right on staying with him. him."I "I do not believe Herman Boche came to Norfolk to lend Jnrmer that money. I do not believe he brought that money. Herman Boche tells you he came for a purpose. Why at night ? Jarmer had told him more than a week before that ho wanted the money. BO' che swore thnt ho demanded security from Jarmer. Then why did he come out of bankable hours ? Why did he wait until he was drunk before ho took up this business with Jarmer ? "Frank Jarmer was passed by the Norfolk city council as a man of good moral habits and character and as a proper man to run a saloon. No one had ever heard that Frank Jarmer had over robbed a man until this case came up. "True , Leo Vroman Is a hack man and has ridden horses , but don't you think that Ills evidence Is as good as any other witness called ? "Edna Ingham saw Frank Jarmei with Docho over his body firing twc shots while he was down. There U no question about that. "What defense has Honnnn Docho' Drunkenness ? I think the court wll Instruct you that drunkenness Is nt ilifinfacfur a ci uiu "Di Maclai. a n an of rrt-a .n ng ina'iun ' dtfh.c > ha > uclna'iun for > u Ho told a story of Knot It-out drops He thought ho had told Harry Lodor about It before , and Win. Stokes anil Mr. Donovan. I dor cannot romoiu- > or and Win. Stokes denied. Mr. Don- even was In the court room but the lofcnso never called him. It was Dr. Mackay nnd not Bocho who hnd hnl- uclnntlon. Ho , the doctor , snw things that did not exist and heard things that wore not snld. "Tho Lord only knows why Docho dllod Jnrmer , save that ho did It In Ills drunkenness. "Ills only sister testified that Her man was sick thrco or four weeks nnd Lhero was nothing wrong Immediately afterwards. Gus Wagner tolls you .hat Herman was sick ton months. "They want you to bellovo that Herman - man Docho Is crazy. If you have road ho newspapers you have seen Insan ity In all Its forms pleaded to save a man from the penitentiary. It Is popu lar. The only thing that made Her man Docho crazy was whiskey. Do you think thnt If Frnnk Jnrmor hnd wanted to rob Doche ho would have waited until 5 o'clock In the morning , until ho himself was drunk ? "How could Herman Bocho shoot In self-defense ? Did Frnnk Jarmer or Lee Vroman have the gun ? "Who had the money and where did the money go ? If Bocho shot In self defense , why did ho shoot after Jar- mer was down ? Senator Allen's Address. Senator Alton's plen for H rman tlocho was both eloquent and extended. He started to speak a llttlo after 3 o'clock and addressed the twelve men in the jury box until nearly C o'clock. Senator Allen's plea was forcibly de livered and was listened to with the closest attention by the jurymen. Senator Allen after his preliminary remarks reviewed the life of Herman Boche. In the shooting of Frank Jar mer he said there was an absence both of malice and of purpose necessary to constitute second degree murder. It is not the act that the law punishes , he said , but the criminal purpose In the mind. Senator Allen said In part' : "These mon stood at the altar of that splendid German order , the Sons of Hermann , and took its obligations of brotherly love and assistance. "Frank Jarmer was & saloon-keeper. I am free to say that I know the back alleys of the world and that I hope to see the tlmo when the whole traffic Is put out of existence. But Herman Boche saw no wrong In going to Jar- mer's. "Poor , nervous , distressed German , no man can describe the lure of the serpent that drew him Into this catas trophe that has disgraced the history of this county. "It makes no difference whether Jarmer's license expired the last day of April or the fifth of May. Suffice that ho thought it expired'April 30. He was a pauper to whom could ho turn but to his friend of years. " Senator Allen traced Boche from Jarmer's saloon In the afternoon back homo , watched him count his money again and started him back to Norfolk with revolver and money. Senator Allen picked up Bocho's revolver. "Its one of these Scars-Roebuck revolvers , as dangerous at one end as the other , " he said. Boche , the senator said , did not take the revolver to kill Jarmcr but to protect the money on the long walk to Norfolk. Stop after step Senator Allen traced Boche. He spoke of Dr. Mackay's testimony. "I wish I was ns bright as I think Mackay is. I don't think that ho al ways puts It to good use but bo's a mnn of commanding ability. Dr. Mac kay on the stand was not sure whom ho had told what Jarmor said to him about knock-out drops. "Why did Jarmer call Leo Vroman from all the other Imckmen ? Why did he say 'Lee , I'll want to use you after while ? ' "That fellow Vroman has lived on his wits and ho has little to live on He testified that there was laughing as ho drove from the restaurant. Jnr mor might have laughed. "The state said they could only use what witnesses they had. Well wo have the right to Impeach them. "You know the woman , Edna , nnd her occupation. She was Jarmer'n favorite. But she. testified that Bocho btasgorod drunk into the house , drunk with the liquor of Jarmer , drunk with i In- drug II. n tin. t t.'i i tumnunt Of that t > . . l.rjvii . ! " ' ' fi l and ho lu.l lCuiiimui.il or pajjo C ]