New-York tribune., 1908-09-23
SPEEDS MURDER TRIAL.
Justice Parker to Hold Late Ses-
sions IN Eberkard Case.

Hackensack. Sept. % CspeciaD.-Justice Parker, in
opening court to-day for the trial OF Gus Eber-
hard for killing his aunt. Mrs. Otillie Eberhard
said that mistake had been made in setting the
case for this week. The Court of Appeals meets at
Trenton on Thursday and Friday. and the judge
wants TO be present. but he does not want to ad-
iourn the trial from Wednesday 10 Monday He
said he proposed TO have the court open at 9Se
0 clock each morning, and to hold late sessions
so as TO get through with the trial by Wednesday
night if possible.
While she knows that her cousin has made full
confession of his crime Miss Otillie Eberhard said
that she could not say she knew he had fred the
shots which killed her mother and wounded her,
and she stuck her story Of the firing having been
done by a man who, she believed. had been hiding
behind some freight cars near Rochelle Park where
thev were walking along the railroad tracks She
denied that she was engaged TO marry Eberhard
and declared that the 81 400 taken from her mother
after she was killed belonged u her. but that her
mother was taking care Of it.
Patrolman Irving Cook told about taking Eber-
hard to Paterson in an ambulance, and then Po-
Ice Sergeant William Perry. Of Paterson, was
called to the stand He testified that when
he got telephone message from Cook that
Eberhard had been caught, he gave these orders.
Fetch him down. shot not shot" The witness
testified that when Eberhard arrived at Police
Headquarters he was asked what he had done with
his aunt's money. but he refused to answer the
question
I
the Jury was sent out OF the courtroom, while
Perry was going through a preliminary examina-
ton as to statements made by Eberhard. Sergeant
Perry testified that he asked Eberhard about the
shooting of his aunt, and said, Gus, we are
going to ask you to make statement. You don I
have to say anything If you don't want to- Any
thing you say may be used against you, and you
are not compelled make any statement Perry
insisted that Eberhard made his statement under
no duress or threats Of any kind
Judge Parker said that the witnesses testimony
could be heard by the jury and the jurymen were
then called back to the room. Sergeant Perry then
restated what he had already said. and went on
tn tell more about what Eberhard had confessed to
the police
F,berhard. according to the witness told about
crossing from Manhattan - the Jersey shore with
his aunt and cousin. and said that they were walk
| ing on the railroad tracks when he saw his aunt
| fall He thought she had been hit by bolt OF
! lightning. Then he heard shots fired, and turned
| and told his cousin to beat it Eberhard SAID
| that some one then knocked him on the head from
! behind and he fell senseess. He said that when
| he recovered he found himself in the cellar OF
| house where he was kept for four or five days oy
| a number of Italians and fed on bread and water
! He finally managed TO make his escape from the
| house and was shot in the woods while trying tc
! get away He said that the Italian who shot him
was dressed like brigand-
| Did the prisoner sign that statement cross
examined Mr.. Stagg.
No he wasn't asked to sign It, replied the WIZ
] ness Howard Gall secretary to Chief OF Police
tf,,son of Paterson gave corrobora tive testimony
/ He said that there seven or eight patroneT
present when Eberhard made his statement. Eber
| hard he testified refused to answer all ques
! tious as TO what he had done with his aunt
money.
The court after hearing other witnesses. ruled
| +ta co,fesston admissible. This blow for
tbe defence for without the confession the cas'
| looked technically weak.