New-York tribune., 1921-06-29
Court Decides
Women May Sit
On kaber jury
Murder Defense Loses i'm
Effort TO Annul Special
Venire Containing 5, and
One Is Tentatively Seated
Insanity Defense Hinted
Counsel Also Asks Talesmen
If They Will Recommnd
Mercy if They Convict

CLEVELAND, June 2S.-Women may
help decide the fate of Mrs. Eva
Catherine Kaber, charged with plot
ting the assassination of her husband,
Daniel F. Kaber, in their Lakewood
home two years ago. In her trial for
first degree murder, which opened
here this morning, her attorneys lost
in their efforts to bar women from
the jury. Mrs. Kaber was arrested re-
Gently in New York City.
A motion by her attorneys to have a
special venire of forty-two prospective
jurors annulled, because FIVE women
were among them, on the ground that
constitutional right to sit on jury
has not been extended TO women. was
overruled by Judge Bernon without
argument by the state.
One Woman In Box
AS q result of the courts ruling,
one woman, Mrs. Cora K. Burg, now
sits in the jury box tentatively. With
her, when court adjourned for the day,
were two men, Edwin l.. Ford, clerk,
and Frank w. Evans, q railroad cleo
trician. Thirteen taiesmen had been
examined, ten being excused for hav-
ing formed an opinion of the case or
other legal grounds. Mrs. Burg is tae
only woman examined so far.
The fact that one woman now sits
tentatively in the jury box and that
the court has ruled that women are
eligible to jury service does not, how
ever, mean that one or more of her
own sex actually will participate in
the deliberation of Mrs. Kaber's case.
Her chief counsel, Francis w. Poul-
son, has declared that if necessary he
will use every one of his sixteen per-
emptory challenges to remove women
from the jury.
Mrs. Kaber was brought into court
unaccompanied except for her counsel
and Jail deputy. During the morn
ing session she sat beside her counsel
floor in front of her. She wore black
tailored suit, blue hat with black
plumes and blue silk gloves. She
never conferred with her counsel ex-
cept to answer one or two questions
they asked her. During the afternoon
session Attorney Poulson had her
move her seat just behind him. This
put q large post between her and
Moses Kaber, father of the murdered
h9sband. Mr. Kaber Immediately shift
ed his seat, so he could see her.
's1 Insanity Plea Indicated
Indicating that temporary insanity
may be the principal defense of Mrs.
Kaber, her counsel questioned pros
pective jurors closely as to their atti-
tude on such plea and whether or
not they were prejudiced against such
plea being made. Defense counsel also
asked talesmen whether they would
consider recommendation for mercy
in connection with verdict of first
degree murder. Recommendation for
the court to sentence to life imprison-
ment. A verdict of guilty of first de-
gree murder without a clemency rec
omn,endation imposes the death sem
tence.
Several thousand people gathered in
front of the courthouse and in the
halls and corridors this morning, hop
ing to gain admission to the courtroom
o, to obtain a glimpse of Mrs. Kaber
as she was taken from the Jail to the
courtroom. Police were forced to dis
perse the crowd at the entrance to the
courthouse several times and at the
entrance to the courtroom three Of
ficers were taxed to prevent the crowd
from breaking past them. Admission
TO the courtroom was by card.
jury TO lake week
The task of procuring jury will be
continued tomorrow. Prosecutor Ed
ward c, Stanton said this evening that
he did not expect jury to be obtained
before next Tuesday. The court will
recess Friday evening, Judge Bernon
said, until Tuesday, July 5.
Mrs. Kaber is the first Of six per-
sons under Indictment for Kaber's
murder to be tried. The others are
Mrs. Mary Brickel, her mother; Marian
McArdle, Mrs. Kaber's daughter; Mrs.
Erminia Colavito, Salvatore Gala and
Vittorio Pisselli. All are under arrest
except Pisselli.
Miss McArdle will not be forced to
testify against her mother, County
Prosecutor Stanton announced this
morning.
f,ayun Man Held aa Esrahuu