New-York tribune., 1913-05-26
GIBSON DEFENCE TO
ADVANCE NEW THEORY
Will Contend Body Would Have
FIoated Had Mrs. Szabo
Been StrangIed.
NO TIME FOR GAS TO FORM
Prosecutor Says He Is Pre-
pared to Refute Idea
Expert Discusses It's
Probability.
rRr telegraph to The Tribune. J

rBy Telegraph 10 The Tribune.l
Nevburg. y. Y, May 25.-A new
,,sory 10 refute the contention that Mrs
posa Menschk Szabo's death was
caused by strangulation will be intro
sueed by the defence. It is understood
vhen It presents its case at the trial of
burton W. Gibson. which will be con-
,,nued tomorrow morning. The defence
will aver that II Mrs. Szabo was dead
before she struck the water. as alleged
nv the prosecution. her body would have
eoated instead of sinking-a point that
vas not brought out at the first trial
Evidently District Attorney j. D. Will
son. jr.. is expecting this move on the
mart Of the defence. for he said this
afternoon that he was already prepared
N disprove such theory He said that
enough time did not elapse after Mrs
szsbo was strangled and before her body
was plunged into the water for gas to
form in such quantity as 10 keep the
body afoat Hence the body went down
Wilson said that IL was the gas that
was generated in body after death
that made IL rise to the surface.
Aside from an inkling Of the foregoing
theory the lawyers for the defendant are
keeping the preparations for Gibson's de-
fence an absolute secret. So far as can
be learned by the District Attorneys
Office. they have not vet even subppnaed
their witnesses. 1t is reported however.
that new eXperts-one OF them associated
with Columbia Cniversity-will be called
10 testify for the defendant
Every precaution Is being taken by the
people 10 prevent outside influences from
being brought 10 bear upon the Gibson
Jury They are constantly under guard
and District Attorney Wilson said this
vigilance would be maintained until
verdict had been returned. on the occa-
sion Of the first trial I'm Goshen. when
the Jury had considerable freedom before
the trial was completed. there were
rumors that the jurors had been tam
psred with. District Attorney Wilson
said there would be no cause for any
such reports this time. The jurors were
taken out motoring this afternoon under
guard
The District Attorneys attention was
called n the privileges that Gibson has
been enjoying In the courtroom He said
these would be curtailed. and that the
defendant would have only such free
dom as was allowed any other prisoner
Unless some unforeseen delay occurs. the
prosecution hopes TO have its case all in
by Tuesday noon. 1t is not likely that
the defence will take up more than two
days, so that there is a possibility that
the case will 20 TO the jury by Thurs
day night.
District Attorney Wilson admitted to-
day that the state would Introduce no
new witnesses. He SAYS none is re-
ouired 10 accomplish the conviction Of
Gibson.
Although it is said that Gibson has suf-
fered physically as the result of his ordeal
snd he displays none Of the nerve which
vas so conspicuous a. the first trial. hls
appetite seems 10 hold out This morn
,ng he requested the ianer to order
chicken dinner for him. He relishes
randy and not a dav passes that he does
not consume at least pound Of sweet
meats
Dr. Alexander B. Johnson. Of this city
a recognized authority on drowning and
its attendant effects. said last night that
Il was impossible 10 state how long a
person might be dead before enough gas
formed in the body TO render it buoyant
in water. No two cases Of drowning
might be alike he said.
i am not altogether familiar with the
evidence introduced I'm the Gibson trial"
Dr. Johnson said. but II seems 10 me
That the chances are that one side might
he as near correct I'm its contention as
the other
Some bodies might float Immediately
after death but conditions vary For in
stance. much depends upon the stoutness
Of the dead person, or whether the bones
are large or small The amount and char
acter Of the food eaten before death
might play an important part in deter
mining whether or not the body would
noat as would the amount Of gas in the
aHmentary canal The state Of the per
sons digestion might also help determine
that matter.
of course. II person dies in a high
fever. especially In warm weather tic
eooy might float much sooner than a
person killed, say IN an accident. when
Inc temperature was normal Again,
there are instances when the temperature
rises after death, and in that case putrh-
cation might take place sooner. according
70 the food eaten before death.
There are so many different conditions
mat might govern such case that l
would refrain from attempting TO give
any sort OF definite opinion"