New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-21
OPPOSES ONLY FORMALLY
Robert H. Elder, Counsel In
More Serious Charge. Says
He Will Make Inquiry
for Himself.

Of Mrs. Szabo's will. the sole opposition
70 the application presented was on a
point OF jurisdiction, while il was ad-
mitted by his counsel. Chester Godzier.
that no effort would lie made 10 combat
the application en- its merits.
Ii was also admitted by Mr. Goldzier
after his visit to Gibson in Goshen Thurs
day. that he felt sure an indictment for
murder would be returned against Gibson
in Orange County. even before the hear
ing before Judge Royce Is completed Mr..
Goldzier made that statement in court
in explaining his belief that II would
be a long time before Gibson could
appear in person to defend the action
brought against him, and he made IT
still stronger afterward in speaking TO a
reporter
why, the fellow actually has the
nerve" he said, in telling Of the frame
of mind in which he found Gibson. 10
profess to believe that he will be freed
at the hearing on the murder charge 10
be held in Goshen. Why there will be
an indictment returned before the hear
ing comes off,
When the case was called T. T. Wells.
for the consulate, based the application
for removal on the grounds that Gibson
had made false statements In regard 10
several material facts in his application
for letters testamentaTy
Technical Point Raised.
Mir. Goldz!er said that ne aid not In
tend TO defend the action on those points
but raised the technical point that the
surrogate's court had no Jurisdiction 10
remove. !nasmUch as the Austrian Con-
sui. IN whose name the application was
made was not personally interested ne
cited the section Of the civil cooe when
provides that only persons directly IN
tsrysted IN al estate hau d night 10 re-
quest the removal Of an executor aho
tina, tn Sc directly interested meant per
sons VINO were 10 sAa.e IL the estate
Ar. GolOz!er therefore argued THAI the
austrian Consul Is not entitled 10 MAKE
the application.
AIR. Goldzer further announced that
whether OF not t..s court upheld his con-
tentlon he would MOI 50 into the merits
Il the case, IN view Of the iact tnat
his client was under arrest charged with
murder, nor would ne try anything IN the
surrogate's court until tie homicide CASE
was disposed Of. Surrogate Fowler gave
counsel until TUESDAY 70 file briefs on
the point Of Jurisdiction raised by Gold
zier
Air. Goldzier also asked the court 70
treat as confidential report he was
ready to make for Gibson on what he
had done with money belonging 10 the
estate. but the Surrogate refused TO agree
10 treat such information as confidential
Thereupon Mr.. Goldzier refused TO make
the report. lie said it would not be made
until after the termin ion Of the murder
proceedings.
Robert II. Elder, whom Gibson has en-
gagged TO defend him in the murder pro-
ceedings, said last night that he did not
care TO disclose the line the defence would
follow, as It would lay his hand open.
Elder Promises to Investigate.
Many things have been said and
printed In relation TO the case and about
Gibson that are untrue" he said. Il
ehaU make an investigation as to whether
there are evidences Of strangulaton In
Mrs. Szabo's death and also In regard to
the alleged bogus Mrs. Menschik, and
other matters"
When asked what he would DO II his
investigation should convince him that
the charges against Gibson were true, Mr..
Elder replied that he would not put In a
false defence for Gibson; whereupon he
was asked If that meant he would with
draw from the case or advise Gibson TO
plead guilty.
There is no need for lawyer 70 with
draw so long as his client takes his ad-
vice" he said
He added. when it was suggested that
that seemed to imply that he would adj
wise plea of guilty: Under our law a
person cannot plead guilty to the crime
with which Gibson is charged. The course
lawyer could take would be to see that
at least his client is not convicted Of what
he was not guilty ! will not call medical
examiners TO come and testify that this
woman was not strangled to death If my
Investigations prove that she was"
Mr.. Elder declined TO discuss the ques-
ton Of the two Mrs. Menschiks whom
Gibson has admitted he visited, presum-
ably TO get them TO pose as the dead
woman's mother As 10 the Surrogate's
court, he said that did not have a great
bearings on the murder charge. as hearings
there did not go deep enough TO provide
motive for murder
Mystery of Rosa Guerra.
The whereabouts and identity OF Rosa
Guerra. whose name was brought out on
Thursday in the TralnOr case against Glib
son remained coSplete mystery yester-
day. Albert \. Wray, who represented
Gibson In the Trainor case, declared that
both he and Gibson were I'm total ignO-
rance as 70 who the woman might be.
FINS Montgomery, 10 whom 1t appeared in
the action Rosa Guerra. on tie avice Of
her counsel, Joseph l.. Jones, assigned
her claim against Trauor for the pur-
pose Of bringing suit also said he was I'M
acquainted with the woman and had
never seen her
Joseph H. Young. Of No. II william
street. admitted yesterday that he knew
Eoca Guerra. and said her appearance
did not agree with the pictures Of Mrs.
Szabo which he had seen in the news
papers
Eugene Boyer, Of No. ~ Broadway,
counsel for Trainor. said yesterday that
he did not care TO be quoted about the
case. referring all inquiries to the records
on file. In those records it appears that
1t s.s.t off a