New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1921-07-17
jury Plea Wins
Lite Sentence
For Mrs. Kaber
Convicted of Her Husbands
NJ urder, Recommends
tion for Mercy Saves Her
From the Death Penalty
Women Fill Courtroom
Prisoner Is Carried Before
Judge and Merely Mods
When Informed of Fate
Special Dispatch to The Tribune

Special Dispatch to The Tribune
CLEVELAND. July 16.-Life i'm
! prisonment will be the price Eva Cath
crime IKaber will pay for the murder of
her husband, Dan Kaber, of which she
was convicted by jury in Judge
Maurice Bernon's court to-day.
The Recommendation of mercy by the
jury saved Mrs. Kaber from the cleo
trio chair.
As the semi-conscious woman was
carried into court this morning to hear
her fate pronounced the creates. crowd
that has yet appeared in the old court
house filled the building. AS in the
days of the trial, the spectators were
mostly women. Young women, middle
aged matrons, elderly women, Office
girls--they packed every inch of the
room.
The first disappointment came to the
throng when it was learned that Mrs.
Kaber, after passing night of torture,
already knew what the verdict was
to be.
Dramatic Finale Lacking
There was no dramatic finale to the
trial, which has created the greatest
sensation in the city's history.
Limp, haggard and disheveled, Mrs.
Kaber lay in the arms of the two
deputy sheriffs who carried her up
from her cell in the county jail. Her
eyes were closed and she scarcely
seemed to breathe
The jurors filed silently to their
chairs in the jury box.
Gentlemen of the jury, have you
agreed upon a verdict?" Judge Bernon
asked.
"We have" replied Byron T. Van
Iassel, the foreman, arising and hand
irg a slip of paper to Bailiff Peter
Cuthbertson.
1--WE, the jury in this case, being
duly impaneled and sworn, do find the
defendant guilty Of murder in the first
degree, as charged in the Indictment,
and we do recommend the defendant to
mercy" Judge Bernon read.
"Mrs. Kaber. the jury has returned
verdict of guilty against you. Can you
hear what | say?" asked Judge Ber-
non.
There was no audible response In
stead, the woman's head was nodded
slowly several times, indicating she
understood.
the women in the courtroom. 1t was
sigh of disappointment. Mrs. Kaber
made no demonstration. There were
NO dramatics.
Sentenced to Women's Prison
81 hereby sentence you to life i'm
prisonment in the women's penitentiary
at Marysyille," Judge Bernon said.
Turning to the jury, Judge Bernon
gentlemen of the jury, want to
thank you for your verdict / am salts
fed that your verdict reflects the care
full cosideration you have given this
case.p
Only three ballots had been taken
before the verdict was arrived at. On
the first ballot the jurors stood nine
for conviction. with a recomme ndation
for mercy, against three for the death
penalty. 1t was to avoid the death pen
atty that the defense opposed the pres
ence of women on the jury.
The jurors began considering the case
Friday night, taking up their delibera
tons shortly after o'clock. They de-
liberated until 10 o'clock, and when
the Judge learned there was no indi-
cation of agreement he ordered them
locked up for the night.
Francis w. Poulson, who has acted
as personal counsel for Mrs. Kaber, ap.
pearsd at the courthouse early and
learned that the verdict was going te
be life Imprisonment. He went to Mrs
Kabes's cell.
Smiles at Verdict
81 have some good news" he told
her, but Mrs. Kaber gave no indicatior
that she heard
"The jury has seen fit to save your
life. 1t will recommend mercy" Poul
son said There was flicker of ths
eyelids and for the first time Mrs. Ka
Der opened her eyes.
"Are you glad? % he asked.
There was no answer, but about thu
corners of her mouth there was trac,
Of smile
Marian McArdle, Mrs. Kaber's nine
teen-year-old daughter, who also is un
der indictment for the murder and VIII,
shares the cell with her mother, wa
- in Mysteries
Soh, mother" she cried, ooh, mother
n ! am so glad it's not DEATH"
The girl shrew herself on the CO
and caressed her mother
She passed the night waiting for thu
verdict which meant life or death. Mrs
kaber remained in stupor. She dix
rot talk. Neither she nor her daughteJ
slept.
Prosecutor Stanton announced that
although Mrs. Kaber had been spared
the death penalty, he would ask thu
full penalty of the law when Marial
McArdle, Mrs. j. A. Brickel, Mrs
kaber's mother; Mrs. Emma Colavitt
and Sam Gala are tried on the same
charge.
Marian, Mrs. Colavito Mrs. Bricke
and Gala are in Jail without bail await
ing trial. Prosecutor Stanton sale
they would be tried in the fall term Of
court.
Mrs. Kaber will be taken to the
women's penitentiary at Marysvill,
this week as soon as her physical con
djtion warrants the trip.
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