The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-06
SEATS ON JURY
IN KAbER CASE
FOR men ONLY
Accused Woman Wins Fight
Against Her Own Sex.
Uses Challenges to Eliminate
Possible ''MerciIess Judges.
WHOSE BRAINS WERE USED?
Accused Woman Declares Her
Mother Made Death Plot.
Two Stage Desperate Battle,
Stalking Each Others Lives. !.

Stalking Each Others Lives. [.
Cleveland. July 6.-Impaneling Of
| the jury that is to try Mrs. Eva CATH
crime Kaber on charge of numbering
her husband, Daniel r. Kaber, was
expected to be completed today, andi
| the taking of testimony probably
started.
1t was expected that Moses Kaber.
father of the murdered man, will be
the first witness for the prosecution.
| County Prosecutor Edward c. Stanton
and his chief assistant, James T. Cas-
sidy. tentatively decided to use him to
| establish that Daniel F. Kaber was
actually murdered. after it was learned
| that an assistant county coroner, who
was to have been called for this pur-
pose, is out of the city.
Jury To Visit Murder Scene.
The jury when completed probably
will be taken to the former Kaber
| home in Lakewood, to view the room
in which Kaber was stabbed to death
| by alleged hired assassins on the night
of July IS, 1919. Eleven men occupied
the jury box when court opened this
morning.
The defense yesterday cleared the
jury box of all women, using peremp-
| tory challenges to do so. When the
tentative panel was first completed
yesterday, it contained six women and
six men. There is said to be scant
prospect of a single woman being on
the jury when it is finally accepted,
as the defense still has six peremptory
challenges with which to dislodge
them in case one or even both the
prospective women jurors should be
tentatively seated. The state had two
challenges left.
Whose Brains Were Used?
/ who was the 'fiend," the ..brains"
that engineered the plot to murder
Daniel Kaber, wealthy publisher7
4 Not his widow, Mrs. Katherine Eva
i Kaber, wan, dark woman who sits in
the court room here with eyes closed
: and as emotionless as a statue, ac-
cording to the defense, but a 69-year-
old woman confined in the detention
house, pathetic wrinkled old crea-
Il ture, who invoked curses on Mrs.
Kaber, her own daughter.
i A battle between mother and
!, daughter, each willing to send the
i other to the electric chair by her tes-
|, timony.
"She dragged me into this. She
made me wash and slave for her so
she could tell Dan Kaber others did
it and collect pin money from him."
said the mother.
MRS. Kaber. her brain diseased,
weak and helpless, was the victim of
her mothers machinations," the de-
fense will claim. it was learned today.
"Paretic brain" will be the unusual
line of defense put forth to save the
so-called murder queen" Between
the death chair and the alternative
of spending the rest of her days in a
hospital for the insane. she chose the
former.
"I will take a chance with DEATH"
she is said to have informed her at
torneys. laboring a move contemplate
ed by them to have her declared in
sane.
/ AIienists to Her Aid.
Alienists will testify that she is suf-
| fering from a form of paresis which
! renders her irresponsible at times.
This brain disease. it will be claimed.
is the result of the general acts OF
Kaber, the murdered man. Barring her
soul and all the sordid details Of her
life on the witness stand. the accused
woman will paint Kaber. who was one
of Cleveland's most prominent busi-
ness men, as degenerate of the vilest
type.
She will claim that in mortal error
of her life by his threats and distracted
by the abuses practiced on her, she
sought fortune tellers to use their
psychic powers and Mrs Erminia
Colavito. the poison queen" to USE
black magic. not to kill Kaber, but
to cure him of his bad hablts'.
Victims Father Accuser.
Today il jury is impanelled,
Moses Kaber. the slain mans 72-year-
old father will face his daughte--in-
law from the witness stand. He will
be the first witness called by the state
according to present plans.
The little old man who has sat In
the court room and kept his eyes con-
stantly on the woman charged with
, his sons murder since the trial began
and for two years had her trailed,
, silent nemesis. said today he seeks
only Justice.
For two years spent sleepless
: nights and thousands Of dollars to
trail my sons slayer" he said. Il do
not want vengeance. Ali ask Is JUS
! tice. will accept the jury's verdict.
! and IL she is freed, she can siave my
sons property"
< With only one place in the Jury box
/ to fill when court opened this norm
ing. attorneys for both sides expressed
i confidence that a jury will be had be-
8 fore afternoon. There is now no
:. chance for a woman TO sit on the jury,
iaccording to the defense.
/