New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-10-02
COURT HOLDS GIBSON
FOR THE GRAND Jury
Counsel for Lawyer Accused OF
Murder Fails Even to Move
for His Discharge.
DR.. SCHULTZE A WITNESS
Defence Fails to Shake His
Testimony-Prisoner' Wife
in Tears When Judge An
nounces Finding.
[By Telegraph to The Tribune

IBy Telegraph to The Tribune
Goshen. y. Y, oct. Burton w. Glib
son was hefd for the grand jury withou
bail to-day by Judge Royce on the charg
of numbering Mrs. Rosa Szabo. Not eVe'
the formality OF a motion for Gibson
discharge was made by Robert II. Elder
his counsel. Mr.. Elder suggested that tn
court hear a discussion of the evidence b
counsel, but when Judge Royce said tina
his mind was already made up and tina
the defendant was guilty Mr.. Elder with
drew his suggestion DR.. Otto H. Schultz
occupied the stand the greater part of TIL
day.
For the purposes of this examination
which is merely informal, said Judg
Royce, 1T Is my opinion that there Is SUI
flcient evidence offered on the part OF III
people to find that a crime has been com
mitted. and that the evidence furthe
warrants me In finding the defendan
guilty of the commission of that crime
/. therefore, direct that the defendant b
held to await the action OF the grand Jur
without bail on charge Of murder in tn
first degree"
Gibson and his wife heard the fndln
with opposite emotions. The accused ma
maintained his usual stoicism, but HI
wife's eyes grew big with tears and
strained look of disappointment came {
her face.
81 knew 7 would be held Gibson sail
at was all cut and dried beforehand"
Mrs. Gibson took a less philosophical
view. 81 knew the chances were the,
would hold him." she said. but Their
was always the hope that they woul
not That hope is gone now. All | as
now is fair treatment for him from tn
newspapers. I have absolute faith In m,
husbands innocence"
Mrs. Gibson returned TO her home II
Rutherford. n. j.. tonight, after spend
ing a few minutes with her husband Fl
his cell.
Only Ono Defence Witness.
The decision OF the court came shortl!
after the. noon recess was over Onl!
one witness was called by the defence
District Attorney Rogers having rested
his case In the morning with the compile
ton Of Dr. Schultze's testimony. Gibson
wished TO have the hearing prolonged
over many days by calling all possible
witnesses, but in this he was OVERRIDE
by his lawyers. IL was on an exhaustive
inquiry. he said. that he based his hope
for discharge. The one witness calle'
in his behalf was Tom" Garrison.
lake guide. and he proved valueless Il
both sides OF the case. being dismissed
after a few questions.
The main strength OF the prosecution
was DR.. Schultze. whose testimony MI
Elder, though prompted by Gibson. tw
lawyers and DR.. J. J. O'Riley. a medico
legal expert, failed 10 shake. Mr.. Eide
first sought 10 raise a doubt as to tn
thoroughness OF Or. Schultze's autops.
methods, utilizing the fa,. that the or
gans OF the throat were found distorted
by force from without and that no mark
were found on the skin or in the tissues
lie asked II a mlcroscopical examinatio
had been made. and DIR. Schultze replie
that he had examined them only wit
his eye.
Proof Of Straneulation.
DR.. Schultze informed Mr.. Elder tina
ruptured blood vessels would have bee
visible to the eye but that even that fac
vas not important. since the condition o
the organs was conclusive proof OF stran
gulation.
Have cases pronounced by you 10 b
strangulation ever been proved other
wisc?" said Elder
NO" replied Schultze, II have neve
been put in bad yet"
Elder next took up the question OF IN
amount OF violence necessary to produc
the conditions found I'm Mrs. Szabo'
throat. learning that II could undoubtedl
be caused by violence and at the sam
time leave the tissues and skin unaffected
Asking whether the strangulation coul
have been accomplished in just that wa
by one person engaged with another In
struggle, he received an affirmative reply
Elder then indicated I'm q long hypo
thetical question the theory by which tn
defence is going to try TO explain Mrs
Szabo's death. This question implies tn
woman went overheard first. followed b
Gibson. She grappled with him. draggin
him TO the bottom OF the lake. where
disengaged her hold by the use Of fore
against her throat.
Gould the condition OF the throat a
you have described II be caused betwee
two persons thus engaged In a struggl
under the water?" said Mr. Elder.
ut would be possible" replied Di
schultze, but highly mprobable-almos
unbelievable"
The theory OF the prosecution Is to b
that Gibson strangled Mrs. Szabo IN IN
boat before ever she went into the water
The defence did not call DR. s. Breitenfel
who was present with DR.. Schultze at TN
autopsy and who was expected to diffe
from him. The Orange County grand Jur
meets next Monday. and II Is expecte
that the Gibson case will be- taken up a
once.
Gibson's status as prisoner will re
main the same Sheriff Sutherland said
until the grand jury acts. He will con
tinue to occupy the large airy cell In tn
hospital section OF the jail Attorney ROC
ers said II was possible TO have the nc
cused lawyer tried at the December teri
OK the Supreme Court-ln the events OF a
indctment-before Justice Tompkns, a
Newburg