New-York tribune., 1921-07-07
Insane ALWAYS.
lis Mrs. Kabe,.'s
Murder Plea
Defe,lse Will Try 10 Show
Publishers Death Was
Accidental Rafller Than
The Outcome OF a Plot
Trial Gets Under Way
Attorney Cor Woman Says
ssUnforislnaiely' Things
Said of Her Are True
speeial Dispateh to The Tribune


CLEVELAND, July 6.-~Insane from
birth Mrs. Eva Gathering Kaber was
mentally incompetent to distinguish be-
sween right and wrong at the time of
athe murder of her husband, Dan Kaber.
TOR which she is on trial before Judge
Maurice Bernon. This was the declara-
hon of Attorney William j. Corrgau,
Of counsel for Mrs. Kaber, in his open
ing statement to the jury which is to
decide Mrs. Kabers fate.
Attorney Corrigan said that many of
the states contentious as voiced by
County Prosecutor James T. Cassidy
were unfortunately true"
Moses kaber aged father of the mur-
dered publisher, was called to the stand
as the first witness for the prosecu-
ton. There are no women on the Jury
which heard the father of the victim
tescify concerning the day he last saw
his son alive.
immediately after the jury had been
sworn its members were taken to the
former home of the Kabers, 1887 Lake
avenue, Lakewood, where they viewed
the scene of the killing and the bed
room in which the publisher met his
death. @,
DR.. Charles Francis Hoover, pro-
fessor of internal medicine at Western
keserve University and at Lakeside
Hospital, was the second states wit
ness to testify before adjournment was
taken for the day. He said he visited
kaber during his illness and that his
condition might have been caused by
poisoning from heavy metals, lead and
arsenic or zinc"
The defense that Mrs. Kaber now is
insane and has been unbalanced men
tally since birth came as surprise.
Attorney Corrlgan's questions in eX-
aminlng veniremen had intimated that
the defense would introduce a plea of
temporary insanity.
Undoubtedly there will be some hor-
rible things described" Corrigan said
to the jury "It would be folly for me
to say that things spoken of by the
prosecution are untrue. They are true,
unfortunately, great many of them
We contend, however that there never
was an intent on the part pf Mrs.
kaber to kill her husband. The state
will not be able to make out case of
poisoning"
The defendants attorney also said
he felt it could not be established that
Mrs. Kaber deliberately planned the
stabbing of her husband
by the very fact" he contended,
that these men who went to the Kaber
i.oiHe were members OF 'Blanckhand
society who knew how to kill and
where to strike, and that at no time
in their attack on kaber did they strike
him in what we would consider a vital
place, we hope to show murder was
not intended"
The lawyer contended Kaber was
killed accidentally.
In his outline of the states case to
the jury Prosecutor Cassidy detailed
the administration of poison to Kaber
in his food. He declared that at all
times when poison had been mixed with
Kaber's food Mrs. Kaber was the per-
son who carried the tray to his bed
room.
Cassidy concluded with review of
the visit Of the alleged hired murderers
TO the Kaher home, when they were
shown the bedroom occupied by Kaber
and later the visit of Marian McArdle,
Mrs. Kaber's daughter, to tell the men
to commit the murder on d certain
right; Of Mrs. ]. A. BrickelPs Mrs.
kaber's mother) knowledge and coop
GRAFTON and of Mrs. Kaber's collecting
$500 on life insurance policy of
kaber's following the murder