New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-11-26
FATE Of GIBSON
IN HANDS Of Jury
Confined from frst page.

10 sneak had not her counsel held her
! back
Gibson showed the strain he was
under His face grew haggard ana
I the lines deepened in il, while his skin
! seemed TO grow darker. II there was
one point on which the charge was
against the defendant, it was the par
! ticular emphasis the court laid on the
( failure of the defence TO produce In
| court Petronella Menzchik, mother OF
! Mrs. szabo. the dead woman, the
! beneficiary OF her will, and in whose
| name Gibson. it was alleged. had
waiver OF citation. signed by an i'm
postor throwing the control OF her
estate in his hands.
| If there is a Petronelia Menzchik.'
| said the Judge TO the jury, the ques-
| ton for you TO decide is why she has
not been produced in court, OF her
absence accounted for. II she could
/ be found to execute the waiver Of eta
ton. why could she not be produced as
/ a witness at this trial? What does
/ this failure 10 produce her indicate as
I 10 whether the defendant fraudulently
( obtained some one to impersoHate the
mother
Weak Point in the Defence.
Evidently the woman who signed
the waiver was not the mother. be-
cause the mother was dead two years.
Was the defendant deceived o, did he
procure a fictitious person 70 sign the
waiver Was IL part Of general
scheme to get the money? These are
questions for you TO decide. II does
not appear that there was any effort
made to procure her attendance at this
trial"
in beginning his charge the court i'm
pressed upon the jury their duty to
give the defendant the benefit Of rea-
sonable doubt, but warned them that
this was not 10 be used as a subterfuge
to avoid doing an unpleasant duty.
He characterized the evidence in the
case az being both direct and circum-
stantlal To the request OF 4.r Elder,
of counsel for the defence that ne in
struct the jury that all the evidence
was circumstantial, he said he would
leave II 10 the jury 10 decide on the
character Of the evidence bearing d.
rectly on the guilt OF the accused man,
saying that some OF the testimony con-
stituted In Itself direct evidence as 20
the facts il declared TO be true. As 10
the value Of circumstantial evidence,
he said il was "a rule Of law that cir
cumstantal evidence was sometimes
more convincing than direct because
Of It's cumulative weight
The prosecution claims that the de-
PENDANTS conduct and statements after
the alleged crime tend to convict him
the Judge said. Evidence tending 20
prove this Is admissible when the de-
PENDANT attempts 10 deceive or conceal
with guilty knowledge Evidence Of
this sort was introduced by the prose-
cution tending to show that he told va
rious conflicting stories about where
Mrs. Szabo went after he knew she was
dead while he told others she had met
death by accident, and in his state .
ments 10 some persons he declared that
she had no relatives, while 90 others
ne told that she had a mother. II these
contrary false statements were made II
Is for you to decide why and also II
they were made"
III Mrs. Szabo's death had been an
accident, would he have told these
stories. or would he have told frankly
Just how the accident happened? what
was the defendants motive In telling
these different stOries2 Was IL 20 con-
coaI from her relatives and friends the
fact OF her death and thereby prevent
any possible investigation Of tie case2
Jury to Decide if Motive Was Proved.
The Judge then took up the question
Of motive. lie said the prosecution
contended that the desire 10 get FOR
himself the womans estate was the
motive. The state, he said, was not
bound 10 prove a motive but when a
motive appears it serves TO corroborate
the other circumstances. He left II
for the jury to decide whether a motive
had been shown.
Taking up the defence, the Judge
commented upon the failure Of the de-
PENDANT TO take the stand I'm his own
behalf THE defendant has not taken
the stand" he said. He had right
10 do so, but he was not bound 10 do
so, and the failure to do so. the law
says. shall create no presumption
against him"
II all the facts and circumstances
and exhibits In the case when taken
together were inconsistent with the de-
PENDANTS innocence, said the court, and
consistent only with the guilt. the
prosecution has then made out It's
case or this. he said, the jury was
the sole judge.
I'm conclusion" the judge said. II
must speak OF the Importance OF your
duty in this case. We all have sym
pathy but sympathy must not enter
the jury box. All clemency and SYM
pathy must be banished The state
has provided for the exercise Of elem |
ency through the Governors pardon |
ing power.
Before court opened Harry Tweddle, |
a Juror, was called into Judge Temp !
kins's chambers and questioned as TO a |
conversation II was reported he had |
{. IL, 1, fot, to hat