Arizona republican., 1921-07-16
JURY FAILS TO REACH VERDICT IN EVA KAbER
 MURDER TRIAL
Locked Up For Night At
 10 O'clock When Unable
 To Reach Agreement State Asks Death Penalty
r1epubIIcan "A. P.I Ieased Wlre1

lRepublican A. p. Leased Wire]
 CLEVELAND. July 15-The. jury in the case of Eva Catherine Kaber who is charged with the murder of her husband, Daniel F. Kaber.. had not reached verdict at 10 o'clock tonight and was taken. 10 a hotel for the night. It will resume delibera- tions again at s o'clock tomorrow morning.
 Mrs. Kaber's trial. which has been in progress since June 2s. ended this evening
 Defendant Paints in Court
 Mrs. Kaber. who had sat apparent Iy oblivious to the arguments of her council. in which the state asked that she pay the extreme penalty non told the jury the case was in their hands. She was carried from the court room in her chair.
 Six forms of verdrcts were given the jurors. any one of which they may return as their decision in the case They are:
 Guilty of murder in the first de- gree which carries with it death in the electric chair; first degree mur- der with a recommendation for mercy which carries with it life imprison- ment without hope of pardon: sec ond degree murder. carrying life im- prisonment, subject to pardon by the governor; manslaughter, carrying a penalty of imprisonment of from one to twenty years; not guilty. giving her absolute freedom: not guilty on the ground of insanity. thus freeing her of the murder charge. but sub jecting her to confinement in an in- sane asylum.
 In his charge to the jury. Judge Bernon said there should be no con- viction If Mrs. Kaber was found tc be mentally irresponsible at the time | of, the murder. The burden of proof that she was insane. however, he de- | clared was upon the defense. 1nsan- ity was the sole defense. no testimony being offered to refute the state. charge that Mrs. Kaber planned ths murder of her husband. Demands Death Penalty County Prosecutor Edward C. Stan 1 ton opened the sta-e's argument soor after the noon recess. During tho half hour he argued, Mir Stanton de | clared "the extreme penalty. death ir ! the electric chair. is the justice that | is due Eva Catherine Kaber as pay. ment for what she 0fa to her hus- | band. Dan Kaber.-
 This was not a hateful. resentfu | murder by the two assassins. The, | were to be paid with silver for ever, drop of Dan Kabers' blood" Mir. Stan | ton said.
 What was her daughter Mariol playing on the piano as Mrs. Kabe | led the assassins through the hous to show them where tney would finc i her husba.aI to kill him while h. l slept?
 Was she playing Nearer My Got i to Thee for Dan Kaber whose sou was about to go to its Master in les
 than "A hours?
 ! counsel opened with a plea for mere. I for the accused woman. Attorne,
 Francis W. Poulson also explaine'
 why the defenes had not placed Mrs
 Kaber on the witness stand. sayinl
 that to have done so would have beel
 inhuman because of her physical
 condition.
 Stresses Insanity Plea 4 William c. Corrigan, following Nil
 Poulson, dew vote, his argument plead ing for mercy for Mrs. Kaber, dis
 cussing the probability of Mrs. Ka
 Der being insane. going over the tes timony on this phase in detail. II ''I care not whether she is guilt . or not, she was not competen
 person at the time of the murde
 and she is not a competent perso now" Corrigan said.