South Bend news-times. (South Bend, Ind.) 1913-1938, 1921-07-07
KABER TRIAL ON
WITH DOZEN MEN
TO DECIDE FATE
Every Woman Dismissed Per-
emptorily by Counsel For
Defendant.

CLEVELAND. o., July 6.-Twelve
men vii decide whether Mrs. Eva
Catherine Kaber IS guilty OF first
degree murder IN connection with
the fatal stabbing OF her husband,
Daniel F. Kaber. in their Lakewood
home two years ago by alleged hired
assassius.
Every woman tentatively seated
on the jury was dismissed peremp-
torily by Mrs. Kaber's counsel, thus
making good the declaration Of
Francis W. PoUIson. Mrs. Kaber's
personal counsel. that no women
would be permitted 10 sit IN judg-
n1ent against her. II he could help
Il. because they are "heartless' in
Judging one OF their own sex.
In his opening statement 20 the
jury. Atty. william J. Corrigan for
the defense. asserted that many OF
the states contentious were true.
but that defense testimony would
show that Mrs Kaber had not In
tended TO murder her husband and
that her actions were the result or
a mind diseased from childhood
and even before birth and worn
down BY horrible things that viii
reflect no credit on the dead man"
He asserted that Mr.. Kaber's acts
wore down her mental capacity. and
warned the jury TO be prepared 20
listen 70 "some horrible things that
would come out in the testimony
Attempted Poisoning FIRST.
Asst Pros. James +. Cassidy
outlining the states case. asserted
that Testimony viii show that Mrs.
Kaber' first ATTEMPTED % Kill her
husband by poisoning. and, falling
in this manner, hired assassins 10
XII him. The motive. he asserted
was TO obtain possession OF MI.
Kabsr's estate for herself ana
daughter. Marion McArdle. who -
also indicted for first degree muir
der, for her alleged participation IN
the plot 10 kin Mr.. Kaber.
Mr.. Cassidy also asserted that
Mrs. Kaber had gone 20 two women
almost a yeaEr before the murder and
asked them 70 do something that
would bring about his death, but
that both had advised her to obtain
legal separation. To this suggestion
Mrs. Kaber was alleged to have as
serted chat divorce would not give
a proper distribution Of the prop
erty.
II was the latter part Of March,
1919. that Mr.. Kaber. previously
said TO have been in good health.
hecame violently III with pains in
his stomach An exploratory oper-
alton, Mr.. Cassidy asserted, revealed
no trace of cancer or other affection
and that Mr.. Kaber wastedsaway TO
90 rounds from 125 pounds. During
Kaber's illness. Mr.. Cassidy alleged
that Mrs. Kaber always brought
him, highly seasoned food.
introduced TO NIrs. COlaNitO.
Mr.. Cassidy then detailed how
Mrs. Kaber was alleged 10 have
made the acquaintance OF Mrs Err
NINA Colavito, who IN turn intro
duced her TO Salvatore Gala and
vittorio Pisselu. the alleged assas-
sins both under Indictment, hut Pts
SELF still unapprehended. They, &C
cording 10 Mr.. Cassidy, finally
agreed to Kill Mr.. Kaber for $4,000,
Mrs. Kaber promising 70 pay them
from the proceeds Of Mr.. Kaber's
insurance policy, which called for
double indemnity in case Of violent
death. Mrs. Kaber later collected
$500 on the insurance policy, 5000
or which finally found its way 20
Gala and PLsselH, according TO Mr..
Cassidy.
How Marion McArdle was alleged
70 have played the piano two nights
before the murder 10 drown the
noise Of the assassins as they went
through the house 10 get the lay
OF things. also was detailed by Mr..
Cassidy. who also asserted that Mrs.
Mary Brickel. mother OF Mrs. Ka-
Der. was TO be on the porch the next
night as a signal to the assassins
that everything was all right. Mrs
Brickel was not on the porch at the
appointed time. however. according
10 Mr.. Cassidy. and the assassins left
without attempting 70 execute the
plot.
Marion McArdIe Hastens Gala
Marion NTcArdle was alleged the
next day TO have hunted VI Gala and
PisselIi and told them the deed must
be done that night before her moth
er who had gone, returned. That
night Mr. Kaber was stabbed "A
times and died the next day from
the wounds
A week before the murder, Mr.
Cassidy asserted. the evidence would
show that Mrs. Kaber had taken sill
verware and linen TO the home of a
Mrs Matthews in an effort TO make
IL appear that robbery was the mo-
tive of the slayers.
To substautiate the states claim
that Mrs. Kaber first attempted 20
poison her husband. DIT O. r
Hoover testified that he had attend
ed Mr.. Kaber during his Illness and
found him TO be suffering from
perepheral neuritis. which, he said
could have been caused by arsenic
or lead poisoning
Moses Ka0er, father OF the muir
dered man. was the first witness
called by the state. He testified that
Daniel r. Kaber was dead. The de-
Tense did not cross examine him
Moses Kaber probably will be called
again by the defense to give detailed
testimony.
The jury was taken this afternoon
TO view the scene of the murder ir
Lakewood. Members are guarded
continuously by deputy sherins and
locked Up iu a hotel at night.
BROLASKI TO FIGHT