New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-20
Mark on Mrs. SzabO'S Throat
Made in the Preparations for
Burial, Defence Of the
Accused Lawyer.
WOMAN Bellies PRISONER
Mrs. Emma Benninger, of Pat
erson, Who Witnessed Strug-
gle Through Opera Glasses,
Says Upper Bathing Gar
ment Was Not Torn OFF.

y 4
ment Was Not Torn OFF.
Iron a star Correspondent Of The Tribune.l
Goshen, \. Y, Nov. 19.-By an I'M
expected turn in his cross-examination
to-day. Robert II. Elder brought out
Enthusiastically that he expects to clear
his client, Burton w. Gibson, of the
charge Of numbering Mrs. Rose Szabo
by proving that the appearance Of
suangllation found in the woman's
throat by the autopsy physicians was
caused by the undertaken, who, in
Strengthening the head preparatory to
burial. threw the tongue and other or
gaps Of the throat against the roof Of
the mouth,
At the preliminary examination, Or.
Otto H. Schultze, for the prosecution,
declared that the position of the or
cans in the throat as found by him
could have been caused only by stran-
gulation brought about by pressure
from without before Mrs. Szabo went
into the water Of Greenwood Lake.
This conclusion Of DR.. Schultze has
been considered the mainstay Of the
prosecution, but the defence will seek
10 disprove it 10y the testimony of a
German medical expert. who will de-
clare that the condition could have
been caused by the undertaker's
manipulation of the head. To test the
way in which the testimony of the
German expert would be received by
the Jury .one Of Mr. Elders questions
al the impanelling of the jurors was
whether there would be any prejudice
against the opinion of a foreigner on
the witness stand.
Defence Reveals Its Plan.
Cornelius Lazier, an undertaken Of
Warwick, who prepared Mrs. Szabo's
body for burial, was the witness
through whom this plan of defence was
revealed. He was practically new
witness in the case, as no intimaton
has been given of the testimony he
would give. He was brought forward
by the prosecution, Of which lsidor
Wasservogel, Of District Attorney
Whitman's staff, took full charge to-
dav. Save for a few minor witnesses
examined by his assistant, Deacon
Murphy, he conducted the examina-
ton for the state.
When Mr.. Wasservogel had finished
with Lazier Mr.. Elder took up the
discrimination, and at once drew
from him the statement that he had
found Mrs. Szabo's head bent back and
twisted to one side. He further eX-
planned that rigor mortis had set in
and that he had to apply considerable
force in twisting it back into natural
position. He grasped her head between
the palms of his hands, which were
placed against her temples; moved the
head to the left and then bent it for
ward two inches, he said.
Did you touch or apply any force at
all to the throat?" Mr.. Wasservogel
asked, after Mr.. Elder, apparently
greatly satisfied with what he had
drawn from the witness, had rested.
q did not touch the throat at ALL
replied Lazier, demonstrating just what
he had done on one of Mr.. Wasser-
goveTs process servers. Mr.. Wasser-
vogel did not let the witness go until
the fact was established that he drew
no water out of the woman's lungs.
The prosecution will contend that the
woman was strangled before she went
into the water the closed condition OF
her throat preventing any water from
entering her lungs. They will use this
to prove, therefore, that the undertaken
dLa not cause the throat TO close subse-
quently, as suggested to-day By the de-
fence.
Woman Contradicts Gibson.
Evidence more directly adverse to
Gibson was brought out by the prose-
cution through d new witness, Mrs.
Emma Benninger, of Paterson, n. j.
She lived at a house on the shore of
Neeenwood Lake at the time OF Mrs.
ezabo's death, and her attention was
attracted to the occurrence by seeing
Gibson struggling in the water near the
boat in which he had taken the woman