New-York tribune., 1909-10-06
JURY CONVICTS ROBBER
MURDER IN FIRST DECREE
Speedy Justice for One of Pair Who
Killed Mrs. StdbeT.

After hfty-fve minutes Of conference the jury
before Justice Crane in the Supreme Court, Brook
lyn. returned yesterday n verdict OF murder the
firs1 degree against Frederick Schemann. one OF
the pair Of yegEmen who killed Mrs Sophia Staber
IN her F1atbUsh home No. 455 East 18th street on
July s. The penalty is death. Sentence viii be
pronounced on him either Friday Monday.
Half an hour after the impassive prisoner had
hsen led away 10 the Brooklyn jail in Raymond
street the trial Of his pal Carlo Giro the former
Austrian soldier. under way District Attorney
Clarke who is making record for the speed with
which he presenting the cases got a jury by 3
O'Clock In the afternoon and compeJed the exsmina-
ton Of Georse Staher. the dead wonan's husband.
when court adjourned. shortly before O'Clock His
opening address a duplication of that 70 the
Sclliemann jury. and he nsistently emphasized the
point that man guilty Of murder in the first
degree when he entered another's house with
felonious intent and while on the premises caused
the death az one of the occupants. Nobody was ac-
oE.pted on the jury who would agree 20 ind such
verdict thar ruling from the Court if the prose
cutor wss successful in establishing the facts.
The proceedings were followed closely by Giro
He CHEEKY in his dernesnor and seemed con
ndent that his lawyers Senator otto !. FOe5er and
Hector n. Curran. would save him, not only from
the death penalty hut from life Imprisonment The
defence will aIleEe that il Schemann' not Giro
who fred the fatal shot
Echlienann carried into the courtroom oE
two attendants. His wounded right arm was still
in & sling and he carried crutches. From the be
ginning 10 the close OF the proceedings, while ne
uns being excoriated ny the District Attorney and
during the few minutes taken by the jury 10 pro
nouuce him guilty, the man consistently main
ts1ned his insanity pose. He coughed, choked and
hestAted, 10 the annoyance Of the Court, whe
the clerk received his pedigree.
The prisoner said lie born in Germany thlr-
ry-two years ago. and that his home vas in sth
street, Manhattan he made answer when the
clerk asked his occupation. But 10 additional ques-
tions Schlemann said that he was temperate. was
nT1fp ~
10 having been convicted before counterfeiting
charges. and that while serving a term in sing
Sing prison for that crime he succeeded IN escap-
ing When the record was completed Officers
straightened out the wounded arm and manaced
il 10 The other while Sohlienann howled in appar-
ent pain The defendants counsel. Edward j Reilly
called this rnistreatrnent and objected, but JUS
ice Crane said the officers were justified The pris-
oner. the Court said. had made his escape on a
previous occasion
When court opened Mr.. Reilly made formal
motion for the dismissal Of the charge which Was
promptly denied by Justice Crane. Then the sum
ming up for The defendant was begun Counsel
declared that M Clarke had not shown beyond d
reasonable doubt that either Schlienann or Giro
fred the fatal shot
could II not haze been a bullet from young
Sta ber's revolver. instead 81 the shots from the
vgeapons of the defendants that caused Mrs.
stsber's death2' AIr Reilly asked the jury. Her
husband tells Us that while ne al the window.
and could not see what happened in the room. his
wife arose from her bed ana simultaneously with
the firing of shots she cried out, oh. Eddy" As
surning that young Staber fred IN the dark IN
what he believed The direction OF the stairs,
il viii be hard 70 say positively that IL wasn't his
bullet that went through his mothers shoulder as
sne stood 81 the TOD Of this stairway just on the
threshold Of her room"
Mr.. Clarke declared that the prisoners had tried
10 XIII the entire family There was one thing
schliemsnn wanted n DO" he said. and that
vas n kin Ny. Staber and prevent his summons
for help. So he fred, and the bullet struck Mrs.
SLaber."