The Norfolk weekly news-journal. (Norfolk, Neb.) 1900-19??, March 06, 1908, Page 3, Image 3

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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.
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
"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
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
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.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
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
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
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
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
Court Adjourned Until Monday After
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
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
The defendent himself was the most
Important witness called by the de
fense and his testimony the most dra
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
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
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
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
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
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
"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
"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
"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-
"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
"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 or pajjo C ]