The Birmingham age-herald., 1921-07-16
CASE OF MRS. KABER ]
 GIVEN TO THE JURY
Defendant Paints as Judge Announces Case Is With
 Jury and Is Carried From
 ssa~ 'troom In Chair
By AssocIatsd rress

 = In the case of Eve Catherine
 knber, charged with the murder
 of her husband, Dan K. kaber,
 had not reached a verdict at 1ON
 o'clock tonight, and was taken to
 hotel for the night. It will re-
 sume deliberations again at
 o'clock tomorrow morning.
 Her trial on a charge of first de- gree murder for plotting the death of her husband by hired assassins in their Lakewood home two years ago, which has been in progress since June 2S, ended at $50 o'clock this afternoon and the jury was given the case.
 Mrs. kaber, who had sat apparently oblivious to the arguments of coun- sel in which the state asked that she pay the extreme penalty, tainted just as Judge Bernon told the jury the case was now in their hands. She was carried from the court room in her chair.
 Six Forms of Verdict
 Six forms of verdict were given the jury, only one of which they may req turn as their decision in the case. They are; Guilty of murder in the first degree, which carries with it death in the electric chair; first de- gree murder with a recommendation for mercy, carrying with 1t life i'm prisonment, without hope of pardon second degree murder, carrying life imprisonment subject to pardon by the governor; manslaughter, carry ing penalty of imprisonment from one to twenty years; not guilty. giv- ing her Q hCniI1to fire on the ground of insanity, thus free ing her on the charge of murder but subjecting her to confinement as an insane person.
 In his charge to the jury, Judge Bernon said there should be no con viction if Mrs. Kaber was found to be mentally irresponsible at the time of the murder. The burden of proof that she was insane, however. ne declared, was upon the defense. insanity was the sole defense. no testimony offered to refute the states charge that Mrs. Kaber planned the murder of her husband.
 Demands Death Penalty
 County Prosecutor Edw. c. Stan ton opened the states argument after the noon recess. During the half he argued, Mr. stanton declared the extreme penalty death in the electric chair-is the justice that is due Eva Catherine kaber as payment for what she did to her husband Dan Kaber."
 This was not a hateful, resent ful murder by the two assassins. They were to be paid with silver for every drop of Dan Kaber's blood" said Mir. Stanton
 death-like silence fell over the courtroom as MT. Stanton dramatt- cally said:
 What was her daughter. Marian, playing on the piano as Mrs. kaber led the assassins through tie house to show them where they would find her. husband to Kill him while he slept?
 Was she playing Nearer My God to Thee for Dan Kaber, whose soul was to go to it's Master in less than 24 hours?"
 Defense Asks Mercy
 Following Mir. Stanton, defense counsel opened with plea for mercy for the accused woman At torney Francis w Poulson attacked the poison theory of the state, as- serting that the arsenic found in Kaber's internal organs came from hardening powders used by the un- dertakerS. He said kabers illness was due to appendicitis and not poi soning. Kaber's appendix had been removed at the time an exploratory operation was made on him, physi clans had testified
 MT. Poulson also explained why the defense had not placed Mrs. Kaber on the witness stand, saying that to have done so would have been inhuman because of her physi- cal condition. Look at her" he told the jury. "She did not get to tell her story. For that we are solely responsible. If it was mis- take not to place her on the stand. hold her responsible.
 During the closing argument. Moses Kaber, father of the murdered man, cried bitterly. It was the first time that he had exhibited any sign of emotion.