New-York tribune., 1911-03-17
GUILTY. MElBER VERDICT
Not Less than Twenty Years. and
Perhaps Life. Is Sentence.
DEFENDANT WEEPS AT LAST
Why Didn't They Kill Me?' She
Sobs-Parting Shot at Kirk
-Jurymen in Tears.
rev rslesr,rh 10 The rrihune

-JuIymeU III IehES.
| fBv Telegraph 20 The Tribune
| Albany. March ls.-The jury in tho case
~ Mrs. Edith Mclber. on trial for the mur-
der Of her son George. brought I'm verdict
at 40 O'Clock this afternoon Of muir
| der in the second degree Tho jury
was ont two hours and nineteen minutes.
The prisoner heard tho sentence without
1 tho slightest show of emotion.
! She answered the usual questions asked
| nv the clerk Sne said she was twenty
| three years old (she is really twenty-six).
was horn in Syracuse and lived i'm Schenec-
/ tadv. She said her education was slight.
I'm religion she is a catholic.
Iustico Howard then passed sentence.
Tho sentence was that she he confined at
hard labor I'm Auburn prison for an IN
definite period. tho minimum period being
! twenty years ard the maximum 'or her
natural life. Then for the first time since
ber arrest she broke down and Wept Dit
| terlv
Mrs. Melhor's attorneys. John N. Dugan
and George VI. Palmer. were unprepared 10
say tonight whether they would take q"
anpeal After the verdict several or the
Jurors sought M Dugan. ana one OF tlc'"
said. with tears streaming from MS eyes
Mfr. DuEan. we did the best we coui'
for you." Then he explained. the others as
senting. that the jurors had agreed that the
rendering OF such q verdict would not keep
Mrs Melb.r from the insane asylum II She
was really 6emented but would operate 10
nrevent her confinement I'm such an insu-
tuition. with the chance Of discharge later
on irsa nifty pvocCcGnrS
Forecast Of the New Trial.
THAT admission said lawyer VINO rad
overheard tho conversation. may open the
door to a new trial
Throc ballots were taken 10y the jury ON
tho first there we're six votes for con-
viction OF murder in the first degree nNe
in the second degree and one for ac-
auittal Eight Jurors registered themselves
in favor Of the second degree and four Tor
tho frs, degree al the next ballot. ON the
third they came together on tn. verdict
rendered.
The shrivelled little woman exhibited not
the slightest sign Of apprehension OF her
posi,iou as tho verdict was rendered and
the sentence pronounced. Later. when her
weeping sister. Mrs. Linda Simmons, hunG
her arms about her. the tcars came ana
she writhod in agony
Why didn't they kill me- she walled
softly Il only wish they had taken my
life I'm ready 10 die
Women and mon We're weeping through
out the crowded courtroom. Several Of the
iurymen were crying and the faces Of the
others were white and strained.
When Sheriff Plat Genly escorted tho
condemned woman from the room. and her
exprcssionIess eyes fell upon Howard Kirk,
her love for whom. according to the theory
of the prosecution. had instigated the
crime a fash Of anger lighted her feat
ures, and she snarled: "Ill have YOU in
Auburn with me before long
When word came that tho jury had
agreed upon a verdict. Mrs. Melber was
escorted into court by an officer. Her face
was lust a triae less blank than it had
been during the ordeal of nearly two
weeks She wheeled In her seat and stared
vacantly at the mob OF men and women
mostly women-who were pressed together
like klppered herrings. filling the seats and
cogginR the aisles and spaces in the rear.
The only evidence of nervousness or trep-
idaton was in the crossing OF her knees
Then the jurors filed in.
gentlemen Of the jury" asked Clerk
Couehtry. i'm solemn tone. have you agreed
on your verdict
We-we--v hat did you saw" asked Fore
man Snyder swallowing lump in his
throat
The question was repeated.
Foreman Reaches for Handkerchief.
"We--we-fnd the defendant guilty OF
murder in the second degree" the foreman
gulped. reaching for his handkerchief
Mrs Mebcr was looking straight at the
foreman. but apparently derived no i'm
preston from his announcement When
Justice Howard asked the defendant If she
had any reason 10 advance why sentence
should not be pronounced she was silent.
The clerk then put TO her the usual statu-
tory questions.
Sentence followed after a brief consulta-
ton between Justice Howard and District
Attorney Sanford Mr.. Sanford said after
ward that he was ucl satisfied with tho
verdict
In his charge 20 the jury Justice Howard
laid stress on tho point that they were the
sole Judges Of the facts brought out by the
swaycd by popular prejudice or by senti-
ment. on questions OF law he Informed
them that it was his province to instruct
them.
The Justice then read from the statute
books the definitions Of the various de-
grces Of homicide.
1T Is your privilege he said. TO ind
this defendant guilty of any degree Of
homicide provided the verdict is sustained
by the evidence. or If YOU are convinced
from the testimony that she was mentally
irresponsible when this act was committed
she should be acquitted
The attorneys for the defence decided this
morning that u was not advisable to eX-
ercsc their privilege of introducing Wit
nosscs in str-rebuttal George NJ. Palmer
Of counsel for the defence. began the sum
mink up In my practice OF twenty
wears" ne said. II have never before stood
in 80 sad a presence as at this trial.
"tatncrloss. motherless. husbandess.
renuilcss. helpless alone" he continued
"oh. my God, How long can any person
stand in this world alone? How long can a
poor. weak mind IN misformcd body
stand il alono|'
Ry tnl- t'me one of the jurors was cry
ing and two others seemed on the verge OF
tears.
4 Plea sor Sympathy.
Gentlemen OF tho Jury" the attorney
continued. YOU probably have never known
what II means. with "A dread disease gnaw-
ing at tho yitals and all tho world seeming
against YOU. to stand with only your
thoughts FOR company, ana say. I'm alone
Into the life OF this wretchcd girl sun
thine never came, nor the sweet influence