New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-24
NEW POINT FOR GIBSON
IN THE WILL CONTEST.
Counsel Says Consulate Has No
Treaty Rights to Take
Up the Matter.
AUSTRIA SURE OF GROUND
Lawyers for Gibson Also De-
clare They Will Disprove
Schultze's Contention That
Woman Was Strangled.

The point will be raised before the Sur
ropate this morning. according TO Charles
Goldzier who is counsel for Burton W.
Gibson IN the action brought against him
10 Gust him as executor of Mrs. Rosa
Szabo's estate, instituted on behalf Oh the
Austro- Hungarian Consulate, that the
treaty under which the consulate mas
invoked the court TO remove gibson does
not apply TO the case at issue despite the
contentious of the lawyers for the con-
sulate.
THE treaties are all very Well said
MIR. Goldzier yesterday, but they appl!
only TO cases where persons die intestate
Mrs. Szabo left a will and therefore Glp-
son cannot be removed at the behest OF
tho Austrian Consulate, which has no IN
terest in the woman's estate.
After a six hour consultation with
Gibson in his cell at Goshen, on the part
Of Mr.. Elder, we are convinced that Glib
son is innocent OF the charges that nave
boon brought against him. We shall at
tack the case OF the People In the muir
der charge, and break II down. First we
will disprove DR.. Schultze's' contention
that the condition OF the woman's throat
proves conclusively that Mrs. Szabo was
strangled TO death.
Many Contradictory Stories.
In the next place, there have been so
many contradictory stories told by the
witnesses so far brought out that we VIII
have no difficulty in establishing the
righteousness OF that side OF the case
that has been worked up against Gibson
Il is absurd. According 10 all these
stories, there must be half dozen bodies
at the bottom OF Greenwood Lake
Arpad Kremer, counsel for the Austrian
Consulate, was busy in HIS offices yes
terday preparing his brief to present TO
Surrogate Fowler to-day UNFOLDING his
contention that the consulate is legal
~ competent TO apply for Gibson's re-
muvaI. He was not daunted by the con-
tention that Mr. Goldzier said he would
raise.
This woman did die intestate. when II
comes to that" said Mr.. Kremer. She
left an alleged will, which We are not
ready 10 admit was valid will, Gibson
had such a power over her mind But
even then. we have proved the beneficiary
Of the alleged will, Mrs. Petronella Men
schjk. was dead. Therefore the viii
apsed'
Mir. Kremer seemed even less disturbed
by the information that Mr.. Goldzier was
determined TO appeal the case should the
Surrogate decide against Gibson
so much the better he said. I'VE
viii get the highest court In the land
then. to settle the matter for us. The
appeal, however, won't prevent our get
ting control OF Mrs. Szabos estate as
goon as the Surrogate throws Gibson OFT
Seeks Mrs. Menschik in Chicago.
Mr.. Goldzier said that he would not
say whether he knew where Mrs. Men
schik, who Gibson declares Is alive. Is.
~ lie said that ne had communicated with
representatives in Chicago who were look
ing her up there, as that is whore Gibson
said she was when he last heard of her.
A letter was received yesterday by Or.
Fritz Fischerauer, at the Austrian Con-
sulate, which was supposed 10 be a
Joke 1t purported TO come from the
woman who impersonated Mrs. Menschik,
saying she was in town, had received
Mrs. Szabo's money from Gibson, and
was willing TO tell all she knew. Tho
letter gave no clew to her Whereabouts
and was not treated seriously.
District Attorney Rogers. Of Orange
County, whose official duty it is to prose-
cute the murder charge against Gibson,
Will be in New York to-day. He will con-
suit with the District Attorney here, and
also with the Austrian officials and law
yers, who will lay before him all the evil
depce and facts they have in the case.
One OF the chief purposes of his visit viii
DO TO see Franz Menschik, the dead wom-
ana brother.