New-York tribune., 1921-12-15
(1ussie Human
Weeps as Court
~ -
Sets Her. Free
Judge Finds No Evidence
That Girl Of % Helped
Murder Carbe and Directs
an Acqaittal by jury
Goes Home With Parents
So Happy She Cries; Nov
I'll Get New Globes
and Forget About Prison

Cussie Human, charged With muir
der In the first degree, ysgainsd her
freedom yesterday before the eonclu-
sioA 81 the third day Of her trial in
ousens County Supreme Court, Long
Island City. On a motion for dis
miesal made by Albert Conway, eoun-
sci for the defense, Judge b. J. Hum
phrey ruled that the evidence presented
by the state was insufficient snd di.
reesed the jury to acquit.
The twenty-two-year-old girl, who
was Charged with aiding and abetting
Of Harry D. Garbe, broke down COM
pletely at the sudden conclusion of her
case. She buried her head on the
shoulder of Deputy Sheriff Florence
Koeh and wept, rubbing her eyes with
closed fists.
As the full realization Of her freedom
gradually dswned on her, tears changed
to smiles. When she was bundled into
waiting motor with her mother,
father. Labasci's sister aud several Of
her own little sisters and brothers, all
she could say in singsong tones was:
"0h, ! am so happy! l am 50 glad!
Now / will get some new clothes and
forget all about the prison."
Gains Twenty Pounds in Prison
Earlier in the day she said she had
gained twenty pounds while in prison
and she hoped she would be released
in time for her fathers forty-ffth
birthday, which is to-day.
In statement issued at the close
Of the case Mr.. Conway expressed
pleasure over the speedy exoneration
Of his client He said, however, that
he would like to have had her tell her
own story on the stand so that all
might realize her innocence.
"As the case now stands Q jury Of
her peers have found Miss Humann not
guilty and she stands in the eyes Of
the law exactly as she did before any
indictment was lodged against her"
said District Attorney Dana Wallace.
"The rulings in the case of the peo-
pie against Miss Human may have
some bearing on the trial of Labasci
and no final determination has yet
been made with regard to that case. /
presented all the evidence that l pos
sessed on the subject, whether it would
help or harm the peoples case"
The mother, sister and brother of
the murdered man left the court look
ing downcast, but declaring that they
wished the girl no harm. Miss
Schneider, who asserts she was Garbe's
naHcee. was also present when Gussie
got her freedom.
Tie case for the state was rested
directly after Judge Humphrey re-
fused to admit as evidence a statement
alleged to have been made by Labasci
shortly after the shooting on the night
of October 27. This blow at the prose
cution, coupled with the deletion of
certain parts OF the death-bed state
ment of Garbe by Judge Humphrey,
on the motion of counsel for the de-
feuse, brought about the sudden col
lapse of the case for the state.
Judge Humphrey said he found moth
ing IN the case to submit to the Jury
and he. therefore. would direct a YER
diet Of not guilty. He pointed out
that there was no proof that Labasci
killed Garbe or that he even had a
gun. The conviction Of Miss Human
was contingent on the guilt or in
nocencs Of the othe- prisoner in the
case. be said.
The prosecution succeeded in intro
dgeirg as evidence pa:r OF Garbe's
dying state1.eat, as6 ssstes:eat sasde
% poltee otaeess. by MISS Eumsnn fol-
lowing the murder. The aeleted ante
raoyteM statement, as admitted by mu-
tual agreement between opposing ecuu-
sci and Judge Humphrey, read:
II was In the stationery store at
1880 p. m. when the phone rang. Gus
sic asked me to meet her In front of
the knitting mills IN ten minutes. /
said that would meet her in the rear
of my home. / met her and we walked