New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-16
Mrs. Eva Kaber
Faints. as Case
Goes to Jury
Six Forms of Verdict Given
by Court Include Electric
Chair and Incarcera.
ton in Insane Asylum
State Calls for Death
Defense Makes Final Plea
on Mental Condition, and
Dead Mans Father Weeps

CLEVELAND, July 15.--Eva Cath
crime Kaber's case was put in the
hands Of the jury this afternoon, but
at 10 o'clock tonight no verdict had
been reached. The Jury, which was
locked UP for the night, will resume
its deliberations at o'clock tomorrow
morning.
The trial of Mrs. Kaber on a charge
of first degree murder for plotting the
killing OF her husband, Daniel r.
Kaber, hy hired assassins in their
Lakewood home, two years ago, which
has beer in progress since June %,
ended a. $3.50 O'clock this evening,
when the case was given to the jury
BY judge Maurice Bernon, following
his charge and arguments by counsel.
Before being sent to their room for
deiiberstion on a verdict the jurors
we're taken out for dinner. Mrs.
Kaber, who had sat apparently oblivi-
GUS to the arguments of counsel in
which the state asked that she pay the
extreme penalty, tainted just as Judge
Bernon told the jury that the case now
was in their hands. She was carried
l..
Six Forms of Verdict
Six forms Of verdict were given the
Jurors, any one of which they may re-
turn as their decision in the case
They are: Guilty of murder in the first
the electric chair; first degree murder
with a recommendation for mercy,
carrying with it life imprisonment
without hope of pardon; second degree
murder, carrying life imprisonment,
subject to pardon by the Governor;
manslaughter, carrying penalty of i'm
prisonment from one to twenty years;
not guilty, giving her absolute free
dom; not guilty on the ground of in
sanity, thus freeing her on the murder
charge but subjecting her to confine-
ment as an insane person.
In his charge to the jury, Judge Ber-
non said there should be no conviction
if Mrs. Kaber was found to be mental
ly irresponsible at the time of the
murder. The burden of proof that she
was insane, however, he declared, was
upon the defense. Insanity was the
sole defense, no testimony being offered
to refute the States charge that Mrs.
kaber planned the murder of her hus-
band.
County Prosecutor Edward C. Stan
ton, for the state, said "The extreme
penalty-death in the electric chair
kaber as payment for what she did to
her husband, Dan Kaber.
This was not hateful, resentful
murder by the two assassins. They
we're to be paid with silver for every
drop of Dan Kaber's blood" Mr.. Stan
ton said. what was her daughter,
Marian, playing on the plane as Mrs
kaber led the assassins through the
house to show them where they would
fird 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 Its master in less than twenty
four hours?"
Defense counsel opened with a plea
for mercy for the accused woman At
torney France w. Poulson attacked the
poison theory of the state, asserting
that the arsenic found in Mr.. Kaber's
internal organs came from hardening
powders used by the undertaken. He
said Mr.. Kaber's illness was due to
appendicitis and not poisoning. Mr..
kaber's appendix had been removed at
the time IN exploratory operation was
made on him, physicians had testified.
Mr.sPoulson also explained why the
defense had not placed Mrs. Kaber on
the witness stand, saying that to have
done so would have been inhuman be-
cause of her physical condition. "Look
at her. he told tie jury "She did not
get to tell her story, For that we are
solely responsible. If it was mistake
not to place her on the stand it was
ours and not hers. Do not hold her
responsible"
Dead Mans Father Weeps
William j. Corrigan also asked mercy
for Mrs. Kabcr. He asserted chat the
case had been tried on the streets and
Mrs. Kaber plunged to her death be-
fore she ever was brought into court"
Il care not whether she is guilty or
not; she was not competent person at
the time Of the murder and she is not
competent person now," Corrigan
said.
Assistant County Prosecutor James
I. Cassidy closed the argument. While
ne was talking Moses Kaber, father of
the dead man, cried bitterly. 1t was
the first time that Mr.. Kaber had ex-
hiblted any signs of emotion, though ne
was present during the entire trial.