New-York tribune., 1921-12-14
Murder Trial
Of Girl Halted
BySuddenCOup
Alleged Irregularities in
Carbe's Dying Accusation
Against Cussic Humann
May Result iii Acquittal

The examination Of witnesses in the
trial of Gussie Human, charged with
completely in the murder of Harry d.
Garbe on the Woodhaven Road on Oc-
tober 81, ended abruptly yesterday in
Queens County Supreme Court, Long
Island City, with a legal tussle between
District Attorney Dana Wallace and
Albert Conway. counsel for the de-
fendant.
A situation developed with threat
cned a speedy termination Of the whole
case. Both sides came to an impasse
when Mr.. Conway made a motion that
the statement alleged to have been die
tated to police officers by Garbe when
dying in st. Mary's Hospital, Jamaica,
be excluded as evidence on the ground
that contradictory testimony regarding
it was submitted by witnesses for the
prosecution.
Cornerstone OF States Case
This statement is admittedly the
cornerstone of the case against Miss
Human, since it led directly TO her
arrest as an alleged accompllce of .o-
seph Labasci in the murder of Garbe.
The jury was excluded by Judge Burt
j. Humphrey while the District Attor-
ney fought to have the statement adj
mitted and Mr.. Conway cited an
alogous legal situations in support of
his contention that it be thrown out.
Judge Humphrey ruled out one part
of the statement relating to a tele-
phone call that Garbe received two
days before his death from young
woman. The rest of the statement, he
said, he would take under advisement
and make known his decision to-day.
Spring;ng hastily to his feet the Dis
trict Attorney said
unless this ante-mortem statement
is admitted in evidence my whole case
will fall fiat. Give me until 10 O'Clock
tomorrow morning and | shall cite au-
thority for its admission. Ii it ls
ruled out. l may rest my whole case"
The other surprise of the day was
the presence in court of elghteen-year~
old Helen Schneider, "A West Ninety
sixth Street. Manhattan, a new figure in
the case, who will take the stand for
fiance OF the murdered man, and the
District Attorney will give her chance
to tell her story
Scathing looks passed between the
two girls, both young and pretty, the
accused ard her accuser. Miss Schnei-
der remained throughout the morning
session. She is vivacious brunette,
and was dressed in blue twill with
small black hat edged with gold. Long
jet ornaments dropped over each ear.
Miss Human was unmoved and even
trihe amused as the attorneys fought
out an issue Of vital Importance in her
case. Now and again she rolled
handkerchief into tight little ball on
her lap or patted down a straying
wisp Of hair, seemingly carefree and
mildly interested as a spectator rather
than the principal in the case. When
the court adjourned her mother and
father embraced her and chatted for a
few seconds, while her sister, Viola,
came up to kiss her and hold her
hand.
In his opening address to the jury
District Attorney Wallace outlined
what he expected to prove against the
girl. He explained that she personally
had elected to be tried separately from
Labasci, charged with having done the
shooting. For fourteen months before
been friendly, he said In this inter
vel he had been going with a girl in
New York and had told her about Miss
Human.
Shot Keeping Appointment
On the night of October 25 the
defendant called Garbe UP on the
phone and tried to make an appoint
ment with him." said the District At
tcrnev. "Hc refused her, pretending
that he was his brother On the fol-
loving day sne called him up again. 1t
was nity he made that engagement,
Tor the following night he went out to
keep his appointment and the shooting
took place.
"WitnesseS Will tell Won that n,, the