New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-09-29
BACKS UP DR.. SCHULTZ
DR.. BreitenfeId Says Mrs. Szabo
Was Not Drowned,
SUBPGNAED BY GIBSON
One of Whitman's Assistants IN
Help Prosecutor of Orange
County.

Robert II. Elder, former Asststant,D,s.
trict Attorney OF Kings County, now chic,
counsel for Burton W. Gibson, chary.i
with the murder Of Mrs. Rosa NJ. szsbo
obtained yesterday an order from Justice
Kelby, in Brooklyn, To have DR.. 5. Prei.
tenfeld, Of the German Hospital. appoar
as a witness at the Gibson hearing no.
fore County Judge Royce In Middletown
tomorrow. DR.. Breitenfeld assisted OFT,
II. Schultze at the autopsy on the BODY
OF Mrs. Szabo. He said yesterday tina,
the action of Mr. Elder might mlsrepre.
sent his attitude toward the case.
There was not one symptom OF drown.
ing" the physician declared. "Mechani.
cal asphyXiation was the cause OF death
and when ] say that / am expressing my
unbiased belief. I do not know that they
will be able TO prove that she died by such
means. but / know that in this belief 10
amount of argument can shake me-
Il was present at the autopsy In Jersey
City through the courtesy Of Or. Otto
Schutze. 1t was careful autopsy, done
in a scientific way. | may say ! never
saw an autopsy 80 carefully scientific
even in my student days ut Prague ana
Vienna"
District Attorney Rogers OF Orange
County, who will conduct the prosecution
of Gibson. visited District Attorney
Whitman yesterday and went over the
New York end OF the case. Mr. Whitman
assured Mr.. Rogers Of his assistance and
offered TO lend him Deacon Murphy, As.
sistant District Attorney OF this county
Mr. Murphy will go to Goshen Tomorrow
"All We have 10 do Is TO establish a
prima facie case against Gibson 10 hold
him for the grand jury" said Mr.. Ros-
ers. we viii show that 1t was Mira Rosa
Menschik Szabo who was with Gibson
IN the boat when Mrs. Szabo was drowned.
The identity Of the drowned woman win
be established by her brother, Franz
Menschik. We viii also show that tho
woman met her death by strangulation
and not by drowning"
Mr.. Rogers said he was confident that
October IL.
Gibson, while he has been poring over
medical books in his cell al Goshen, has
lost great deal Of his former confidence
ana he now regards il az certain that be
will be held for the grand Jury. He Is
confident, however, that he will not be In.
dlCted.
Charles Goldzier, associate counsel for
Gibson, said yesterday that contradictions
on the part OF the witnesses for the pros.
ecution would be shown I'D in startling
way at the hearing. The defence thus Gar
has determined TO rely on the prosecu.
tons witnesses, whom il expects to break
down.
Arpad kremer, counsel for the Austrian
'ice-Consul. was much gratldei YESTERDAY
at the statement OF DR.. Breitenfeldt lie
said that his expert medical testimony,
eorroboraiing that OF Or. Schuitze. waul1.
with the element OF motive, establish a
remarkably strong case OF clrcumstan-
tial evidence against Gibson. IN this
case he said, the evidence viii b.
much stronger than direct evidence has
proved TO be in much more simple cases
involving murder"
Mr.. Murphy Assistant District Attor.
ney, declared yesterday that he would
produce Donald Lyons, the Kings County
notary who witnessed the signing Of the
waiver OF citation at which the alleged
Mrs Menschik appeared as the mother
of AIRS. Szabo. Mr.. Lyons, he said would
qualify as a witness for the prosecution
Of a case OF perjury and subornation Of
perjury that would most likely be brough;
against Gibson in New York County II
the grand jury of Orange County did 40,
indict him.