The sun., 1909-01-02
PAINTS ERB AS A VILLAIN
DEFENCE SAYS 1T WILL PROVE
HE TRIED TO KILL WIFE.
Attorney for Mrs. Erb and Her sister De-
clares Murder Was Attempted Many
Times and That VIE Was Frequently
Beaten Case Closed.

PHILADELPHIA, Jan. I.--Assailing the
character of Capt j. Clayton Erb, counsel
for Mrs. Erb and Mrs. Katherine Beisel
the dead mans wife and ster-in-law
charged with his murder began their
fight late this afternoon to free their
clients.
During the recital OF the defence's in
depreciation Of the tragedy, when Capt,
Erb was described as creeping through
the halls of Red Gables, pistol in hand,
ready to kill his-wife. Mrs. Erb tainted
and had 10 be removed from the court
room, temporarily adjourning the case.
The sisters of the dead man became
hysterical as they heard the Captain
painted as a swearing. brutal husband
who repeatedly beat his wife. called her
foul names before friends and servants
and who had many times tried TO murder
her.
The defence left no doubt that it was
prepared to go into minute details to
break down the prosecutions case. How
deeply they can go into political secrets
which Erb may have revealed to his wife
and which the Durham organization to
which he belonged arc interested in sup
| pressing is causing much speculation.
The prosecution closed with the testi-
mony OF Mrs. Julia Monaghan. Media
dressmaker. who swore that Mrs. Erb
had said that she would shoot the Captain
or the Captain would shoot her before
she left Red Gables
Miss Monaghan's testimony had been
reserved by the District Attorney for his
climax. According to the dressmaker.
Mrs. Erb made two significant statements
to her only a shoit time before the tragedy.
"On one occasion she testified. Mrs.
Erb said that the Captain wanted her
to leave Red Gables, and she told me she
would never do that Before | leave the
place | will shoot the Captain or the Cap
tain will shoot me. she said. At another
time Mrs. EIb said to me in reference 10
the report that she had poisoned capt
Lib. Il would be a fool to poison hun
for then could not get his estate.
Following this testimony the District
Attorney offered the revolver, broken
vase. brass cuspidor and other articles
which figured in the tragedy as evidence
and then rested his case. -,
Mrs. Erb and Mrs. Besel appeared
greatly elated. The spectators evidently
shared this feeling that the Sta,e
contention that Erb's murder had been
premeditated had not been borne out;
Absolutely no testimony was advanced
to substantiate the charge made ny the
District Attorney in his opening speech
that it was Mrs. ErD's hand which fired
the fatal shot.
Counsel for the defence announced that
Mrs. Erb and Mn. Beisel will take the
stand tomorrow afternoon.
As he dragged out the family skeleton
and showed how Mrs Beisel figured In
the three cornered tragedy, the court
room was in turmoil. Attacks upon the
dead man met cries of disapprorai from
his friends. On the other hand, the
acouaintances Of the sisters openly
exclamations reached such a pitch that
Judge johnson frequently threatened
TO clear the room.
Mrs, Erb, unnerved by the portrayal
Of the life she had led az the wife OF Capt.
Erb, fell out of her chair in faint. Inc
three sisters Of the dead man, especially
Mrs. John Beislin of New York. wept
aloud and rocked in their chairs.
The defence's Interpretation OF the
killing was as follows: When Mrs. Erb
returned to Red Gables from the VII
lage Green Hotel she heard the Captain
moving about in his room. After she
went upstairs he heard her. Who's
thereY' he cried. She announced; 1t Is
! l." Swearing. he rushed out OF the room
and ran at her She started away, but ne
followed. She turned around and MT
his arms with the hashlight she carried;
He snatched il from ner hand and knocked
her on the head with il, Then he struck
her on the breast. They were struggling
desperately. He dropped the fiashlight
and tried TO drag her into his bedroom:
She broke away, and as abe locked herself
in her room hurled a large glass vase at
him. This probably caused the cash on
h;a head. Cnnerved by the attack, she
telepboned to the hotel for her sister.
Then she went downstairs, got cloak
and went up 10 wait for her sisters
arrival "What is the matterp' asked her
sister "Oh, he Ia terrible. can't stay
here tonight she replied, Come over
10 the hotel, said her sister. All right.
Matt till get my wraps
The two went upstairs Mrs Beisel
went into the sitting room; Mrs. Erb
walked to the bathroom. While there
she heard a bolt slipped and thought 1t
WAS her husband locking his door for the
night, As she went out she saw him with
a revolver. She screamed and slammed
the bathroom door. locking herself in,
Mrs. Beisel heard the scream and came
ont, The Captain said: "I'll get you. tool
Then they struggled Mrs. Beisel finally
getting the weapon. While she was ex-
Cited, she fred at the Captain, killing him.