Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-12-30
FAVORABLE TO ACCUSED
Mrs. Matsui Breaks Down and
Leaves Courtroom, Sobbing.
RESUMES HER TESTIMONY
Her Story Indicates Mrs. Beise1 as
Slayer, Contrary to Theory
Of Prosecution.


an important, If not a star. witness in
the Erb trial. broke down on the stand
today and left the courtroom sobbing.
This followed two hours of testimony
for the state, chiefly noteworthy for what
was said favorable to Mrs. Erb and Mrs.
Beisel the defendants, and the twenty
minutes Of rapid-fire cross-eXamination
by ". Roger Fronefeld, counsel for the
women.
Mr.. Fronefeld had before him the rec
oris of the other proceedings at which
she testified. He developed some dis
crepancies.
There was a pause. District Attorney
McDade asked the witness if she wanted
q glass Of water. She said No. Then
she burst into tears and retired for ten
minutes. The trial came to stop mean
while.
When the second day OF the trial
opened, with Mrs. Matsui on the stand
there seemed to be some doubt as 10 What
District Attorney McDade Will try &c
prove as to the actual shooting. lie lntl-
mated In his speech last night that Mrs.
Erb might have shot Erb instead OF MIS-
Beisel.
he developed at the habeas corpus pro-
ceedings 1t is laughed at by the de1eho-
ants lawyers today, ,,a
McDade said In his speech muu n.
have been possible for Mrs. Erb to shoot
her husband from her half-barr1cadeo
door. She was the markswoman OF the
two. anyhow; ...,a.n+s. LAWYERS
This morning the defendants Ia,tas,, thsf to
have fred some shots that struck IN Ger.
tain places upstairs it would be physlca
fmpossibility for the shooter TO STAND d.
Mrs. ETbs door: unless one eou'u S'l00
around a corner.
Servant Is First Witness.
Mrs. Erb and Mrs. Beisel, both looking
rs il their nights rest had been soou
were in court bright and early. WIN
Judge johnson on the bench, Beatrice
Matsui took the stand as the first witness
In the sensational trial.
Mrs. Matsui told again what she ilao
ines. how Erb had come home sober at
$40 on the evening OF OCTOBER o. siie
served him with dinner. , ..
Mrs. Erb and Mrs. Beisel had dinner al
a.16 o'clock in Mrs Erb's sitting room
They had come in at o'clock that after
noon Mrs Erb said that she was urea
walking through the country. 49, Az
Mrs. Matsui told Mrs: Erb that ,ne
captain vas coming Inc ea ,n aSe sta STA.
tion. The coacfman was too early MIS-
Erb told him he need not wait
The witness told of hearing some one
presumably Capt Erb. come eon INTO sf ,nT
she found Nrs. Erb in a closet beneath
the stairs. Mrs. Erb told her she was
waiting for Mrs. Beisel TO come down
stairs. The maid went back 10 the
kitchen. .,o
Jrst as 10 o'clock was striking, the
witness continued. she heard four shots
fired In quick succession. and then. are
a pause. two more; Then Beatrice Mat
sui told graphically of Mrs Erps an
NJ
she came down and said the captain
was killed. Not dead said J. Yes
said she. 'He is dead. my, sister shot
him Her manner was cool.
".He is upstairs Mrs. Erb said. ''and
she led me ND the front stairs by the
hand. There he is she said. And there
Law the captain dead on the rug.
oh come t on; Heip me- sa'd MIS-
SHE went into the bathroom and got {
sponge and laid it to her sisters mead a.
Mrs. Beisel had tainted. Mrs. Belse
presently came to-.
this viii kill you Mrs. Beisel kept say
ing, Close the door. don't let Capt. Erl
In
Mrs. Erb Wanted Police to Come.
Pretty soon Mrs. Erb and Mrs. Beise
came down and sat on the porch. Mrs
Erb said. Don't let her get away, mean
ing Mrs. Beisel. Mrs. Erb said to sent
for the doctor and the police.
Mrs Beisel asked. What will they d.
to me- Mrs. Erb said. We will leave
TO Cod"
The witness said Mrs Erb remarked Il
her she wished the captain was "bacl
again instead of being dead. Mrs
Erb also insisted the police be sent for a
once. and expressed a desire that Mrs
Beisel should mot get away"
Mrs. Matsui's testimony had few new
features however. Like that she gave a
the habeas corpus proceedings. it tended
to connect Mrs. Beisel with the shooting
and not NFs. Erb.
Mr.. Fronefield then took the witness
in hand for cross-eXamnation. Lnde
his questions the woman broke down ant
LEFT the stand sobbing.
Rather tearfuly replying to Mr.. Prone
field on her temperance, Mrs. Matsu
swore the pistol was found lying at arm
length from Mrs. Beisel as Mrs. Bese
lay senseiess on the floor. The witness
admitted that once. at Mrs. Erb's solici
tation. and because she was afraid of he
husband. she, the witness, stayed will
Mrs. Erb all night.
Mr. Fronefield drew out that Mrs Ell
was anxious to have Mrs. Beisel leav'
Red Gables when the captain was there
Prosecution Says Wife Did It.
District Attorney McDade yesterday il
his opening speech TO the jury, whicl
had been completed late in the afternoon
asserted that the wife and not the sister
ir-Iaw was the murderess. she havin:
fired the fatal shots into the body of The
National Guard officer.
Accusing the two of having plotted
early on the evening of the murder Il
do away with Capt. Erb, he arraigne,
them to the Jurymen as being equal!
guilty. each sharing in the death. al
though Mrs. Erb used the revolver, ane
deserving first degree punishment as thu
reward for the crime.
Sktiifuliy presenting a hypothesis o
how the wife and the sister-in-law. drv
en- BY a motive of jealousy and hatred
because the first was about to be forced
TO leave the picturesque country hom'
with u small weekly allowance and tn
other served with legal warning to re
frain from trespassing upon Red Ga
bles. the county prosecutor averred tina
Capt. Erb. lured into the hallway b.
the throwing of vases and cuspidors upol
his bedroom door. had been shot from
g. N OF the doorway OF her own apart
nents.
shot When Back Was Turned.
The indications were. he continued. tina
E.b was shot while his back was turned
The holder OF the revolver was from te
70 fifteen feet away from her victim
l.. Il TO- there were neither powde
signs on the pajamas nor powder speck
o.. lie Dody would have been the cas-
the shooting had been done in tn
n q 81 oil