New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-30
Lawyer to Contend Water
Strang|ed Woman, Although
None Reached Lungs.
ENTIRELY CLOSED THROAT
Prisoner Whistles Merrily on
Night Before Hearing
Only Three. Witnesses
for Prosecution.
Tnv reIekraph to The Tribune. ]

MIQOlcIOWUs OSPN Oss -
eve of his examination on the charge OF
the murder OF Rosa Szabo Burton w.
Gibson was found in his cell at Goshen
tonight whistling merrily and confident
" asserting that II a full hearing was
granted him he would be set free. he
said he expected he would be granted sucn
a hearing. intimating that 1t would take
probably many days to do this.
Just as confident that he had strong
case against Gibson, District Attorney
Thomas c. Rogers OF Orange County
said he believed a short hearinE would
suffice to establish a prima facie case
against Gibson.
Mr.. Rogers intimated that II would
take Just three witnesses to satisfy Judge
Royce that Gibson ought to be held. The
three will probably be DR.. Otto II.
Schultze, Of New York. who performed
the autopsy and declared that Mrs. Szabo
met death from strangulation and not
from drowning; Sheriff Degraw, who re-
covered the body from the water. and
John Minturn, a new witness. who Will
testify that he saw the woman lying In the
boat on her side and that afterward he
saw Gibson rocking II until II tipped over
After he closed his case. Mr.. Rogers
said. Gibson would have q chance to call
his own witnesses and rebut what might
appear at that stage to be prima facie
case against him. Should he do this the
prosecution would not have the privilege
of calling more witnesses.
It is thought this Is just what Gibson is
going to try to do. He has subpenaed
number of witnesses Of his own and will
avail himself Of the opportunity OF OBJ
taining full and complete presentation
of all testimony bearing on the death Of
Mrs. Sxabo and his own relations with
her.
Prepares Novel Defence.
Gibson II also preparing to rebuff DR..
Schultxe's testimony and expert opinions
by authorities OF his own. He seemed
perfectly satisfied that he would be able
to do this.
Il have eminent authority" he said to-
night. that will show Il was entirely
possible that the condition found In the
woman's throat at the autopsy by DR..
Schultze was due to water entirely. We
will show that water getting into the
throat. In the epiviottis or In the air
passages near II. often causes paralysis.
resulting In the complete closing Of the
throat at once. 70 that not drop OF
water could have entered the lungs.
From this fact Il often happens that
cases of death popularity attributed to
drowning In q strict scientific sense are
Instances Of strangulation. not Of drown
Ing. since no water touched the lunga
Drowning means death caused by water
In the lungs. In the condition I have de-
scribed-thst II. the closing OF the throat
and air passages BY water-technicaily
speaking, death results from asphyxia."
Gibson also took up the question Of the
absence OF water In the woman's body
when she was examined by the doctors.
declaring that shortly before the fatal
boat ride Mrs. Szabo had eaten . hearty
meal, during which she drank . glass Of
iced tea. a glass OF milk and several
glasses of water. Therefore. he argued.
the examining physicians must have over
looked q considerable quantity OF water
that normally should have been there. or
else the condition simply went to prove
that all water was removed from the
body by the processes OF embalming.
Arguing still further from this. he indi-.
Gated that II would be shown that alb
sence Of water from the lungs had no
significance. anyway.
Mr.. Rogers said tonight. however. that
this line Of reasoning meant nothing. ~
he could show that the woman had her
dinner about noon. while her death did
not occur until almost $50 o'clock. and
that. therefore. whatever water she
might have taken into her stomach would
have been absorbed.
Gibson's cell at the Goshen jail had .
table furnished with dining service. a.
though he were enjoying good meals.
There were In evidence many books, IN
which light contemporary novels and
6hakespeare's plays were mingled.
Keeps re by calisthsnies.
YES" he said. II put In my time
studying and reading. I am feeling nne
be- q 80