The New York herald. [volume] (New York, N.Y.) 1920-1924, 1921-07-19
MRS. HEMMINC NEAR
DEATH AT MURDER
Says She Was Holding Her
Husbands Head After
EberhaIt's First Shot.
WERE NOT RECONCILED
Could Not Forgive His
Attitude Toward Her
Daughter Helen.
SHERIFF BEGINS INQUIRY
Would Learn How Caretaker
Got Possession of New
Revolver.
SHERIFF BEGINS INQUIRY

Two of the bullets that killed Harry
G Hemming missed his wife, Mrs.
Helen G. Hemming, by only an inch
or two, according to statements made
by her in an interview with newspaper
reporters last night She said she was
holding her husbands head after the
first shot fired by the caretaker, Frank
Eberhardt, had sent him reehng to the
floor Of the Duck Island house, and
that Eberhardt shot twice again, aim
ing so close to her that she was in
actual danger.
1t became known yesterday that, in
spite Of the opinion of the District At
torney of Suffolk county that there
is nothing substantiaf upon which to
arrest Mrs. Hemming, Sheriff John F..
Kelly has begun an investigation as to
how Eberhardt got the new revolver
which he used in killing the broker.
No Reconciliation, She Says.
"Eberhardt. who had no right to
possess revolver at ALL procured one
very recently" Sheriff Kelly said "As
special deputy sheriff he had no more
right to possess a firearm than any
private citizen"
In her interview Mrs. Hemming for
the first time recounted her side of the
disagreement with her husband. She
denied that they had been reconciled
and also that she had warned Hem
ming that Eberhardt would kill him.
1T is not true that told Mr.. Hem
ming IN his New York apartment that
Frank was going to kill him." she said
II did not want Mr.. Hemming to come
out to Duck Island because 1 did not
want him to accompany me at all that
night
There had been no reconciliation be-
tween my husband and myself The
break between us could not be patched
up, because Mr.. Hemming had insulted
my daughter, Helen. could not forget
or forgive that, and his attitude toward
Helen turned me against him so that
/ could no longer retain any affection
for him.
Mrs. Hemming said she could only
guess that Eberhardt's devotion to her
young daughter and his brooding over
the fact that the child had been in
suited was responsible for the shooting
She said the caretaker was half Aus
trian and half Corsiean and that II was
his nature to retain his hatred of per-
sons he thought had injured him.
Il had no idea that Frank Eberhardt
was going to shoot Mr. Hemming," she
went on. "As matter of fact, he
nearly shot me. / was holding Mr..
Hemming In my arms and was trying
to raise him up. so that the second and
third shots nearly went through me-"
Mrs. Hemming explained she believed
her payment of the expenses of the care
takers funeral was only what was due
him as "a faithful servant, deserving
consideration"
In announcing his determination not
to go any further with the case, Dis
trict Attorney Leroy M. Young. follow
ing conference Of county officials, said
there was no evidence indicating Mrs.
Hemming aided or abetted the shooting
On the contrary. he said. 1t was shown
that she warned him to stay away from
the house.
"One is not guilty of homicide II one
merely fails to prevent a killing" he
said. zone must do the act or aid or
abet in the act to be liable to arrest"
Fred r. Haber of A Cedar street,
Hemming's attorney, 1t was said last
night, will offer his will for probate in
this city to-day The estate is said to
approximate 100000.