The evening world. [volume] (New York, N.Y.) 1887-1931, 1912-11-25
GIBSON UNMOVED
BY COUNSEL SLAST
PLEA FOR HIS LIFE
None Saw Lawyer Kill Mrs.
Szabo, Is Elders Demand
for Acquittal.
JUROR IS QUESTIONED.
Justice Tompkins Rules That
Case Hinges on Proof of
Throttling.
JUROR IS QUESTIONED.

iuIOttiillS.
tsescia from . STAFF Correspondent Of The
Evening Wodd.l
GOSHEN. y. Y, Nov. 3.-with Mrs.
Burton W. Gibson unable longer TO holt
her emotions In check and weeping
softly. Assistant District-Attousy Was
servogei to-day demanded the life or
her husband. the accused New York
City lawyer. for the murder Of nh
client. Mrs. Rosena Menschik Szabo.
A. Mr.. waAsrvogsl. beginning his
summing up for the state. drew . word
picture of the Greenwood Lake tragedy
OF JMy 10 a. the prosecution sees II.
Mrs. Oibson's lips began to trednble
Soon. while the prosecutor attempted to
draw closer and closer the net Of su-
dencs around her husband. a tear stole
down her chssks and her hands clinched
tightly together. -t.
While Mr.. wasssrvogsi was lingering
GIBSON attracted me attention Of Rob.
ert II. Elder. his chief counsel. and
whispered to him to explain Mira. Men,
schiks part IN the trial. 0ettins the
permission Of the Court Mr.. Elder re-
turned to his former position before the
jury box and said:
IF Gibson had any idea OF divertinG
Mrs. ssabo's estate to his own use
would he have gone trying 10 find Mrs.
Petronella Msnschik. whom he knew
as her beneficiary No. he would have
lot matters drop and kept the money"
with . final plea for "fir play from
American men for an American man"
Mr.. Elder closed.
The scene In Justice Tompkins's
courtroom In the miniature Orange
County Court House a. Attorney Ell.
der sunmsd up was one that has
had few paraiieis 0tbson. impas-
sivs. analytical; his wife. . bright
eyed. collected vision In brown. show.
Ing not the slightest augury OF hys-
tsrta, and Elder. poised on toes. head
back and eyes sweeping from the bench
10 the Jury box.
The summing W began WITH . revisw
Of me testimony Of the States wit
nssssA from that Of BOSNIAN Dewitt
10 that Of Mrs. Veronica MsnschJk. the
woman VINO swors Gibson tried to
make her ay bsr drst or middle name
was PstrousnA xks Nrs. SsAbo's
mothers.
NONE SAW MURDER, 10 De.
FENSE'e sTRENoTh.
"Ali We sSk y . fair chance" said
Elder. The oass against this man 10
purely circumstantiai. There In no one
who can say truthf,hly ne saw anything
happen in the boat from which Gibson
and his ci,snt Mrs. szabo. were plunged
into Greenwood Lake on July Is. other
than This man already has described.
Assuming" Mr.. Elder continued,
shat Gibson did put one arm across
the woman's shoulders as they wore
paAMng each other In the boat TO ex-
change seats. was II not . natural
movement Would he not do this to
steady them both In an unstable, rock
Ing boatI And might he not. IN all
naturalness, place tho other hand be-
neath the woman's throat. perhaps on
her upper arm. perhaps on her
shoulder
And 10 It incompatible with inno-
cence for q man about town to over
Further on In his summary. when Mr..
Elder said that the jury had only to
decide whether or not Mrs. Szabo had
been strangled by Gibson. Justice Temp
kns interrupted.
Tho only charge upon which ! shall
instruct the jury Is the one OF strangu-
lation." he said, signncantly. This
amounted to q grant of Elders request
that the state be made to elect upon
whaoh count in the Indictment Glib on
would be tried
No such crowd ever had besieged the
Orange County Courthouse as that
which fought Sheriff southeriand's army
OF deputies At the afternoon session for
the ANAL scene In the trial. the biggest
event In Goshen's history. Whom the
last available space was crowded with
standees. there remained an overflow on
the stairs. In the lower corridor and on
the sidewalk.
Mr.. Elder went ON with his summing
up. apparently careful ~ avoid attack
Ing the States structure OF motive. The
IRE was concentrated on the technical
point whether or not Mrs. Szabo was
strangled. DR.. Otto II. Schuitze. the
New York coroner's physician. who per-
formed the autopsy and found the cause
OF Gibson's Clients death to have been
strangulation. was held by Elder to be
q powerful witness for the defense. who
allowed zeal to overcome him. or DIR.
Arthur Moore. the young physician
from the State Hospital Mt Middletown.
witness for the defense. Mr.. Elder said;
He Is not professional expert. but he
would not dare to lie In this community.
where he has been known Cor years"
Elder returned to his seat beside Mrs.
Gibson after talking nearly three hours,
and MIR. Wasservogei began 10 sum up
for the state.
JUROR QUESTIONED AFTER
RuMOR OF APPROACH.
Before court opened. rumors OF at
tempts at jury fixing were rife and there
were those who saw Importance In re
fact that Juror No, 5-iiarry Tweddle--
was called from the box by Justice
Tompkins and spent fifteen minutes in