New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-01
Dr.. SchuItze, Who Performed
Autopsy, Declares That Mrs.
SzabO Was Strangled.
PRISONER is TAKEN ILL
Professor Holds to Drowning
Theory - Other Witnesses
Tell of Tragedy-District
Attorney Satisfied.
tBy Telegraph to The Tribune.l

Rosa MenScnlK SZdDO at 1ieeH"''"
Lake brought smiles to the faces OF MS
wife and himself as one after the other
the witnesses called against him by the
prosecution apparently gave less damag-
ing evidence than he had been led to ex-
pect. 1t was freely asserted afterward
by his counsel that the first half dozen
witnesses out of the seven called to the
stand to-day against him would furnish
excellent witnesses for the defence in the
event OF his going to trial
The court ordeal proved too much for
Gibson, despite the favorable turn In his
prospects He was taken with severe
nervous chill. and hurry call for doc
tor was sent out The physician ordered
him to bed at once and called off all con-
ferences with his counsel. This Is the
drst break In the calm demeanor he has
shown since his present troubles began.
The seventh person examined before
Judge Royce was DR.. Otto II. Schultze' a
Coroner's physician Of New York CITY,
who was the only one TO give unequlVo-
Cally adverse testimony against the ac-
cused man. After giving long technical
description Of the abnormal condition IN
which he found the organs In the Wom-
ans throat when he performed an au-
topsy on her body, Or. Schultze was
asked by District Attorney Thomas I.
Rogers II he could state what the cause
of death was.
Eyes, I can" replied DR.. Schultze with
out hesitation. "The cause Of death was
strangulation by compression Of the upper
Of thn
from without: for three inches above the
iarynx her throat was entirely closed
DR.. Schultze further in his testimony
said that he found the lungs collapsed
containing nothing but small amount
of embalming fluid, and that there was
also no water in the stomach AS Ut
Schultze was just going under cross-eH-
animation by Robert II. Elder, Giosons
counsel, an adjournment was taken uhtlI
10 o'clock tomorrow morning.
The defence revealed its hand to the
extent Of showing that 1t was ready 10
dispute this kind of testimony by oppos-
ing to it expert testimony OF It's own
With the lawyers for Gibson sat DR.. John
A. O'Reilly, professor Of medical turis-
prudence In the ST. Lawrence University
Law School in Brooklyn, taking minute
notes on all that DR.. Schultze said. Dr'
O'Reilly lest no time in converting the
case into a struggle between opposing
expert opinions in discussing Dr.
Schultzes testimony Immediately after
the adjournment Of the hearing.
Fine Lecture, Says DR.. o'Reilly.
"Dr. schultze's testimony" said Dr.
O'Reilly, twas a beautifully recited au-
topsy. 1t was one Of the finest lectures
Ihave ever heard. His analysis, however,
of the conditions he found in the throat
as described by him is not consistent with
his conclusions that death was due to
strangulation. Everything found points
to drowning. It was a perfect descrip-
ton Of the conditions found in drowned
person"
Previous to calling DR.. Schultze to the
stand six witnesses were brought for
ward by the prosecution. who told OF
numerous incidents and circumstances
Immediately surrounding the tragedy.
There were only three things which the
sought to establish to-day by
those witnesses, according TO Deacon
Murphy. an assistant on the staff Of
District Attorney Whitman of New York,
who was present with Mr.. Rogers TO give
him whatever help he could.
First, we sought to establish a com
plete line of identification; second, that
death occurred from outside physical
force. and third. that the death occurred
in the State OF New York." said Mr..
Murphy. at must be borne in mind that
was all we expected to do to-day"
District Attorney Rogers expressed HIM
self as being entirely satisfied that these
things had been accomplished, and also
with the progress of his side of the case.
despite the obvious satisfaction of the
defence.
Saw the Boat Caosize.
Daniel De Witt, negro employe at
summer cottage on the lake, with the
helm of a map was able to say that he
was sure the death of Mrs. Szabo occurred
IN the New York side of the state line.
He said he saw the boat containing Glib
son and Mrs. Szabo passing, saw them
change seats and later saw the boat go
over. He declared the water was not
rough. and the only thing about the boat
that had attracted his attention was the
fact that Gibson was talking to the
in a rough voice and she did not
answer him.
The next witness was Albert Mcdaniel.
whose rowboat Gibson hired for the out
ing. He declared that Mrs Szabo wanted
to take to the water In canoe, but that
he told her it probably would upset. Glib
son. he added persuaded Mrs. Szabo to
a bandon the within for a canoe and take
a safer boat
The witness on whom the prosecution
most strongly for damaging tes-
timony in regard TO events al the time
Of the tragedy was John Mlnturn, a
young man who keeps a general merchan-
disc store at Greenwood Lake village. lie
declared that he wanted TO be fair 10
both sides, and in his conscientious en-
ieavor to do this he was spied once by
Mr.. Elder attempting to take a look at
some notes In his inside pocket. Mr.
Elder at once demanded that the witness
be instructed TO refrain from looking at
his notes and then followed II up by the
request that the court have them marked
for later Identification and taken charge
Of. Despite the strenuous objections OF I,
the witness this was done.
Mr. Minturn's testimony was chiefly 70 /
The effect that he was certain the wom- |
ans death took place on the New York |