New-York tribune., 1911-03-14
.f[EASE NOT ASKED FOR
H.. MeIber's Counsel Says She
"' Should Go to Asylum.
FALLS WOMAN MINDLESS
.,ut;or Rests in Murder
,,r rv;sl at Albany After Details OF
''r m,,man's Arrest Are Told.

-<fsz-sTh 70 IN" AfitAif's
- March 1S.-The prosecution III
A'' , II Mrs. Edith Melber. charged
's -" ,.r son. rested its case at T. "a
VI" = ,o.sav John II. Dusan, counsel
Nv. s.fence. then arose to strike his
{" ,,,r ,or acquittal In quiet impres-
y" -. he reviewed the struggles and
'' - which the defendant encountered,
,,.s narrowing experiences Of her
fhho'd 49,. .,,,o ,.s oo,o. ~,
.,id when l can speak IN behalf
N ,.nr friendless. mindless. defence
~s The story Of her life IS sad
:. ~ W. one. and you are here 70 10 JUS
'% g., we're selected because you we're
~ qualified. the most intelligent. and
F... caution vas assigned to de-
~ MS poor won'sn' ana outside OF that
N.. - further interest. l ask for one
~,vstice. The prosecution asks you TO
Ans - ~ the electric chair. ask YOU
re- where she ought TO have been
cars ago that Is. the insane asy-
ffsel 9V~'"
IN ..,r,sn't n ] could he continued,
,tis woman go from this room 10
bei,eve that she should be sent
.sv,ur. there 10 spend under merci-
.,sg,ment what days remain to her.
IN chow you that her mother and her
wns died from consumption and that
w, disease has laid its deadly grip
rJOp her. ...a.a - o.,,.o
ouist. unemouonal way the squaid
..,,r cf the accused since childhood--how
,as compelled 10 work during her
- ploess ~ so cents a day; how
,..-r.cd ~ seventeen a man stricken
-. n,,.ncllosis and was compelled 20 so
-,s him 20 the schenectady poorhouse
.,,e,tsd Efforts 10 provide homo for
=. ria and what he called the despairins
-,.,on OF her visit 70 .Albany-when
..S.,sy acid VAS forced down the boys
-, snd his convuiscd form left in
t.sr marsh
seoulsed By Albany Institution.
y ~, yr pugsu continued. vas shortly
80. Mrs. Nelber had pleaded in vain tor
~, fo-a her husband relatives and had
,.,,.s,.a suicide. and after she was re-
"a /, her effort 10 get the child al
-,,,,s 70 an Albany institution with: Go
s,-. with YOUR child ont into the cold,
sts night
= r,,st sneak frankly and say that this
81. -seeyed but little consideration. Judse
q. vogrssves The alleged crime was
.,r,,i,ed on January o; Shc was arrested
=, r-dsy. January l2, brought 10 Albany
IN ,5s following DAY, anJ indicted the Mon
5,r following. That shows how much con-
,sEs,ion it received. Why Was the child
trlss AZ al. Ny friend has told YOU that
!, vas because she wanted 10 marry man.
p., b. should b. careful and should not
max. aecusations and statements unless he
can p1t his finger on the evidence. Why
Aa sic conceal the fact that the son was
hs- own Ms. Smith. one of the prosocu-
ions own witnesses tells Us that II was
,scssss she was afraid to tell MIS-. Bart
let .or fear Of losing her position.
M. pugaa will cud.avoT TO prove that
l;rs Meber mind was incapable OF rea-
II
| s,ning and subject only 10 her physicai
Impulses From mis- opening address il was
cleaned tha, he vii not attempt 70 prove
.ensniia, diseased MIND Or loss Of reason
lc but will build Up facts 10 show that
he woman has never boon fully abla 20
distinguish between r-ht and wrong, and
,As-efore is insane. lie will also have
nsry medical experts 20 TESTIFY. Tho eN-
ports fo- the prosecution viii not bc called
a-i The defence closes and then on re-
.ral ], is thought fhat INC case will 90
TIC iury about THURSDAY
u ". pUgsn csuscd sensatiOn in the
sgr'room to-day AMEN lc secured from
'c'tce Howard an order requiring the
Essence Of Howard Kirk, one of the
states chef Witnesses 90 court at all
lines until the TESTIMONY is closed. Nr.
Dlsan explained tist lc mieht want Kirk
20 cross-eXan'nstion AZ any moment. and
IBIS is regarded as indicating that matters
concerning tho Young mau's relations with
no defendant will bo brought out after
DO medical experts teeuf,
The first witness for tho defence was
!ela }. oilara. civil engineer, who pro
ol-ed map Of The scene OF Tic tragedy.
The purpose was 20 show that the boys