Evening journal., 1921-07-12
'KABER DEFENSE
gets UNDER Way
Continued from First Page.

Continued from First Page
Objectionable to Mrs. Kaber as
wife.
Mrs. Kaber will probably take the |
stand In her own defense on We'd |
nesday or Thursday.
At the close of the States evidence,
yesterday, Judge Maurice Bernon
withdrew the poisoning count in the
Indictment from the jury, thus free
ing Mrs Kaber on the charge of kill
ing her husband by poisoning. The
testimony relative to poisoning, how
ever, may be considered by the jury
in determining the charge of con-
spiracy to commit murder.
With consent of counsel for the
state, Judge Bernon ruled that al
legged confessions by Mrs. Erminia
Colavito and Salvador Gala, related
to the court Saturday by Detective
Phil Mooney, should not go to the
jury as evidence. Detective Mooney,
recalled to the stand was permitted
= to testify as to alleged statements
by Mrs. Kaber after she had been
returned to Cleveland from New
York
: No attempt was made by the State
to introduce the statement OF Mrs.
Kaber. alleged to have been made
at police headquarters in New York.
Detective Mooney said that Mrs.
e Kaber pointed out Mrs. Colavito to
I him saying. THAT is the woman" /"
also that Mrs. Kaber acknowledged
that she had told Urbano di Corpo
that she wanted her husband killed.
James P. Kirby. a local newspaper
j reporter. testified that Mrs. Kaber
told him in the New York police
court that the night this happened
1 was robbed of $500 worth of sill
= q verware. If the police could find
: the men with the silverware, they
= would find the murderers of Mr.
Kaber."
County Prosecutor Edward C.
:, Stanton announced that the freeing
: of Mrs. Kaber on the poisoning
= charge meant nothing to the State
:. as il never had been expected tC
> prove that Mr. Kaber had died from
poisoning. but that death was caused
by the stab wounds as charged II
the second count Of the indictment
Judge Bernon overruled a motor
e. of Mrs Kaber's counsel to free Mrs
o. Kaber after the State had ended it
testimony.
10 The remaining witness to be called
IN by the State is DR.. T. A. Jacobs
81 county coroner. who is expected 4
c testify that Kaber died from effect
of the stab wounds
or A motion by Attorney William ]
I'd Corrigan for Mrs. Kaber that al
- he
n fore the jury be stricken out, wa
ne overruled by Judge Bernon on tn
ground that Il tended to prove tn
de conspiracy charge. also premedita
1g ton and deliberation in the charge O
rs murder by stabbing.
Id For a fourth time the State pro
g duced a witness who testified tha
ot Mr.. Kaber declared Mrs. Kaber ha
of him stabbed.
ay The witness was F. W. Utterbacl
C. Mr.. Kaber's male nurse. He said h
was aroused on the night of tn
lie murder by Kaber's cries: Utter
de back, Utterbsck. come quick-mul
ch derl"
MS On entering Mr. Kaber's room h
of found him lying on the floor, h
nd night clothing covered with blood.
ye. who did this?" Utterback sal,
lat he asked.
lin "A man with a cap. Mrs. Kab'
had this done" Mr.. Kaber was a
legged to have replied.
Utterback said he nursed Mr.. K;
Der for about six weeks prior to II
Oh murder, and during that time M
ny Kaber's condition steadily improve
ms He said he served Kaber's meal
10 which had been prepared by MI
OF Kaber or a maid. Mr.. Kaber b
by came sick after eating only on
lp- while he was nursing him, he said.
zen About five days prior to the mu
der, Utterback said. Mrs. Kaber as
ed him to sleep at the Kaber hon
assigning him to an attic room.
)ne Utterback said Mrs. Kaber retur
su- ed home from Cedar Point, oh
2 the day after the murder. She nev
,ns asked him anything about the ira
edy. he stated.
wn Prior to Utterback being plac
,up on the stand, Attorney William
of Corrigan cross-examined Mrs. Z
minia Colavito. who had testifi
lick Saturday. The cross-examinati
,oil brought out nothing new.
hen Though Mrs. Mary Brickel, M
,wn Kaber's mother, and Miss Mari
McArdle. Mrs. Kaber's daught
were in the home the night of
stabbing Mr.. Utterback said, neitf
of them went to see Mr.. Kaber. NJ
Brickel cried, he said, when he t
her that Kaber had been stabbed
Il